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Judiciary

Political Donation Disallowance Set Aside for Borrowed Satisfaction & Natural Justice Violation

January 20, 2026 1254 Views 0 comment Print

The Tribunal sustained reassessment based on search information but faulted the disallowance of political donations. The key takeaway is that additions cannot rest solely on untested third-party statements without cross-examination.

Section 14A Disallowance Rejected for No Nexus With Borrowed Funds

January 20, 2026 225 Views 0 comment Print

The Tribunal ruled that Section 14A cannot be invoked where borrowed funds were not used to earn exempt income. Disallowance was deleted after finding investments were made from interest-free funds.

No Addition in Unabated Search Year Without Seized Evidence: ITAT Kolkata

January 20, 2026 327 Views 0 comment Print

ITAT held that additions under Section 68 cannot be made for an unabated year unless incriminating material is found during search. Share premium additions based only on books and enquiries were rightly deleted.

Section 54F Deduction Allowed Despite Builder’s Delay in Possession: ITAT Delhi

January 20, 2026 3441 Views 0 comment Print

The Tribunal upheld exemption where the assessee invested the entire capital gain within time but possession was delayed due to builder-related litigation. The ruling confirms that investment, not possession, is the key requirement under Section 54F.

GSTAT Closes GST Profiteering Case as buyer confirmed receipt of ITC benefits

January 20, 2026 372 Views 0 comment Print

Proceedings were closed after it was confirmed that GST ITC benefits had already been passed on to flat buyers. The decision emphasizes that resolved ITC benefit disputes do not warrant continued proceedings.

No Profiteering Found Where Housing Project Is Fully Post-GST: GSTAT

January 20, 2026 294 Views 0 comment Print

An anti-profiteering complaint was dismissed after investigation showed the project started after GST implementation. The decision highlights that Section 171 does not apply without a pre-GST to post-GST comparison.

Rajeev Bansal Rulling Applies: SC Dismisses Revenue Appeal on Income Tax Reassessment Notices

January 20, 2026 870 Views 0 comment Print

The SC dismissed Revenue appeals holding reassessment notices unsustainable as the issue stood concluded by an earlier binding judgment. The ruling reinforces adherence to settled law in reopening cases.

Bombay HC Quashed Reassessment for Being Covered by Prior HC Ruling

January 20, 2026 372 Views 0 comment Print

The court set aside reassessment orders and notices as the issue was already covered by an earlier judgment. Consequential proceedings were also nullified, with other rights kept open.

Mere “Approved” Not Enough: ITAT Voids Reopening for Mechanical Sanction

January 20, 2026 447 Views 0 comment Print

The Tribunal held that reassessment was invalid as the statutory sanction under Section 151 was granted mechanically. Mere use of the word Approved does not show application of mind and vitiates the entire proceedings.

Ad-hoc Disallowance Capped at 8% for Estimation Without Rejecting Books

January 20, 2026 600 Views 0 comment Print

The Tribunal ruled that ad hoc disallowance is unsustainable when books are not rejected. Disallowance was reduced to 8% based on facts and past practice.

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