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Judiciary

ITAT Delhi Remands Section 12AA Registration Denial After Object Amendment

January 19, 2026 366 Views 0 comment Print

Registration was denied as activities allegedly exceeded declared aims. The Tribunal held that pending amendment justified remand for fresh adjudication.

Bad debts u/s. 36(1)(vii) are to be allowed once offered as income in any year

January 19, 2026 738 Views 0 comment Print

ITAT Delhi held that disallowance of bad debts claimed as deduction under section 36(1)(vii) is not justifiable if offered as income in any year. Accordingly, AO directed to verify that amount for which bad debts have claimed u/s 36(1)(vii) were indeed offered as income for the said years.

ITAT Deletes Section 68 Addition on Genuine Loans from Relatives; Interest Allowed

January 19, 2026 1617 Views 0 comment Print

The Tribunal ruled that loans from salaried relatives with disclosed income and banking trails satisfy identity, creditworthiness and genuineness. The Section 68 addition was therefore unsustainable.

TP adjustment restricted to international transaction with AE as segmental accounts not maintained

January 19, 2026 555 Views 0 comment Print

ITAT Mumbai held that where segmental accounts are not available, then proportionate adjustments have to be made only in respect of the international transactions with associated enterprises [AE]. Thus, TPO directed to compute the transfer pricing [TP] adjustment, restricting it to the international transactions undertaken with associated enterprises.

Bank Statement Enough to Test Loan Creditworthiness: ITAT Delhi deletes Section 68 Addition

January 19, 2026 606 Views 0 comment Print

The tax authorities made an addition without examining the lenders bank records. The Tribunal restored the matter to the AO to verify fund availability and absence of cash deposits.

Section 68 Addition on Unsecured Loans Deleted After Rule 46A Evidence

January 19, 2026 405 Views 0 comment Print

The AO treated loans as unexplained due to incomplete confirmations. The Tribunal confirmed deletion after remand proceedings verified lenders’ identity, capacity, and transaction genuineness.

Reassessment Quashed for Using Wrong Provision Instead of Search Route

January 19, 2026 666 Views 0 comment Print

The reassessment was struck down because it relied exclusively on third-party search material. The ruling clarifies that section 153C, not section 147, must be invoked where incriminating evidence emerges from another persons search.

Delhi HC Refuses to Recall Bail in GST Evasion Case, Finds No Perversity in Bail Order

January 19, 2026 366 Views 0 comment Print

Delhi High Court held that recalling bail order in GST evasion on account of clandestine manufacture and sale of banned gutka denied since there is no perversity in the order. Further, there is nothing to show that he is a flight Risk or there is any likelihood of his influencing the witnesses or tampering the evidence.

ITAT Delhi Restores Section 57(iii) Interest Claim: Rule of Consistency to Be Examined

January 19, 2026 516 Views 0 comment Print

A Section 57(iii) interest claim was rejected solely due to the loan’s classification as a home loan. The tribunal held that if allowed earlier, the same view must prevail unless facts change.

ITAT Delhi Restricts Section 69A Addition to ₹10 Lakh on Liquor Sale Cash Deposits

January 19, 2026 816 Views 0 comment Print

The AO had treated all bank cash deposits as unexplained under section 69A. The Tribunal held that regular cash sales explained most deposits and restricted the addition to ₹10 lakh only.

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