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Judiciary

Bogus Purchase Addition Limited to Profit Element Only: ITAT Chennai

January 12, 2026 987 Views 0 comment Print

The Tribunal held that where sales are accepted and purchases are supported by documents, the entire purchase value cannot be added as bogus. Only the embedded profit element can be taxed, not the full expenditure.

Section 270A Penalty Invalid for Loss Reclassification from Business to Speculative

January 12, 2026 1065 Views 0 comment Print

The Tribunal held that merely treating a claimed business loss as a speculative loss amounts to a change in head of loss, not under-reporting of income. Penalty under Section 270A was deleted as there was no concealment or furnishing of inaccurate particulars.

Section 148 Notice Held Invalid Due to Breach of Faceless Reassessment Rules

January 12, 2026 501 Views 0 comment Print

The case addressed the legality of reopening an assessment when the notice was not issued through NFAC. Following jurisdictional High Court rulings, the Tribunal ruled that such deviation vitiates the entire reassessment process.

Disallowance u/s. 14A restricted to extent of exempted income earned during relevant year

January 12, 2026 450 Views 0 comment Print

Delhi High Court held that the disallowance under Section 14A of the Income Tax Act is to be restricted to the exempted income. Amendment to section 14A in terms of Finance Act, 2022 is prospective in nature. Accordingly, appeal of revenue dismissed.

Only Unexplained Portion of Cash Deposits Can Be Taxed: ITAT Chennai

January 12, 2026 519 Views 0 comment Print

Cash deposits arising from routine business collections cannot be wholly treated as unexplained income. The ruling confirms that estimations must reflect the nature of the taxpayer’s business.

Non-examination of issue of depreciation claimed on goodwill justifies revision u/s. 263

January 12, 2026 327 Views 0 comment Print

ITAT Pune held that non-examination of issue of depreciation claimed on goodwill justifies invocation of revisionary proceeding under section 263 of the Income Tax Act. Accordingly, order sustained and appeal of assessee dismissed.

CIRP against Damara Gold P. Ltd. initiated as debt and default of financial debt proved

January 12, 2026 423 Views 0 comment Print

NCLT Mumbai held that the Corporate Debtor [Damara Gold Private Limited] has committed a default in repaying the financial debt to the Financial Creditor [M/s. Punjab National Bank]. Accordingly, application u/s. 7 of IBC for initiation of CIRP admitted.

Penalty Deleted as Addition Was Based on Estimation

January 12, 2026 492 Views 0 comment Print

The Tribunal held that penalty under section 271(1)(c) cannot survive when the underlying addition is purely estimated. The ruling reinforces that estimation alone does not amount to furnishing inaccurate particulars.

Section 205 Bars Denial of TDS Credit for Employer’s Default: ITAT Mumbai

January 12, 2026 795 Views 0 comment Print

ITAT held that once tax is deducted from an employee’s income, credit cannot be denied merely because the employer failed to deposit it. Section 205 bars recovery of such tax from the employee.

Depreciation on Amalgamation Goodwill Allowed Under Settled Law

January 12, 2026 552 Views 0 comment Print

The Tribunal upheld depreciation on goodwill arising from amalgamation, relying on Supreme Court precedent. The ruling confirms that excess consideration recognized as goodwill qualifies for depreciation under section 32.

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