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Judiciary

Vague Penalty Notice Invalidates Search Penalty Under Section 271AAB: ITAT Ranchi

February 6, 2026 225 Views 0 comment Print

The tribunal held that penalty under Section 271AAB cannot survive when the notice fails to specify the exact charge or applicable clause. A vague and routine penalty notice violates mandatory legal requirements, rendering the penalty invalid.

No 270A Penalty Where Income Is Based on Gross Profit Estimation: ITAT Ranchi

February 6, 2026 1221 Views 0 comment Print

The tribunal ruled that penalty under Section 270A cannot survive when income is assessed purely on estimated gross profit after rejecting books. Additions based on estimation do not amount to under-reporting or misreporting of income.

Section 50C Date Shift Allowed; Stamp Value to Be Taken as on Agreement Date

February 6, 2026 321 Views 0 comment Print

Authorities applied a higher stamp value at registration to compute capital gains. The Tribunal corrected this by directing consideration of the stamp value on the agreement date, subject to verification.

Section 80P(2)(d) Allowed; Interest from Co-op Banks Fully Deductible

February 6, 2026 417 Views 0 comment Print

The tribunal set aside the disallowance of deduction on interest earned from cooperative bank deposits. Consistent judicial precedents confirm eligibility under Section 80P(2)(d).

GST Registration Cannot Ignore Impact of CIRP on Management Change: AP HC

February 6, 2026 498 Views 0 comment Print

The High Court held that once a company undergoes CIRP and new management is installed, GST authorities must recognize this legal shift and cannot act as if the old management continues.

Section 145(3) Upheld, but Arbitrary Estimation Curbed; Cold Storage Profit Recomputed Rationally

February 6, 2026 240 Views 0 comment Print

The case examined rejection of books under Section 145(3) and estimation of profits in a cold storage business. While rejection was upheld, arbitrary enhancement of rates and quantities was struck down, resulting in partial relief.

Wrong AY = No U/s 69A Addition; Seized Cash Taxable Only in Year of Seizure

February 6, 2026 579 Views 0 comment Print

The ITAT ruled that unexplained cash can only be assessed in the year in which it is seized. An addition made in an incorrect assessment year is legally unsustainable and must be deleted.

Section 271A Penalty Sustained Despite VSV Settlement; Non-Maintenance of Books Proved

February 6, 2026 489 Views 0 comment Print

The dispute centered on a statutory obligation to maintain books of account. The tribunal confirmed that non-compliance attracts penalty under Section 271A, which cannot be deleted without substantive rebuttal.

Telescoping Allowed; Cash Found Explained from Firm’s Surrendered Income

February 6, 2026 573 Views 0 comment Print

The case addressed overlapping taxation of seized cash and disclosed unaccounted profits. The final ruling emphasized substance over form and deleted the addition by extending telescoping benefits to the partner.

AAAR Odisha Denied ITC as Cross-Country Gas Pipelines Treated as Immovable Property

February 6, 2026 2631 Views 0 comment Print

The appellate authority held that underground natural gas pipelines are immovable property. ITC on goods and works contract services used for their construction was ruled to be blocked under Section 17(5).

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