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Judiciary

Accommodation Entries Taxable Only on Commission, Not Gross Credits

January 6, 2026 7752 Views 0 comment Print

The Revenue sought to reopen completed assessments under section 153A without fresh incriminating evidence. The Tribunal ruled that such additions are barred, following Kabul Chawla and Abhisar Buildwell.

ITAT Kolkata Upholds Reopening & Sustains ₹1 Cr Addition u/s 68 on Alleged Accommodation Entry

January 6, 2026 2523 Views 0 comment Print

The Tribunal upheld reassessment based on Investigation Wing material alleging accommodation entries. It ruled that such tangible inputs justified reopening despite a completed scrutiny assessment.

CPC Overreach Struck Down for Blanket Expense Disallowance

January 6, 2026 531 Views 0 comment Print

The Tribunal held that delayed filing of an audit report cannot justify wholesale disallowance of expenses at the CPC processing stage. Such action falls outside the limited scope of Section 143(1) adjustments.

Remedial directions apply to WhatsApp user data sharing including advertising and non-advertising purpose

January 6, 2026 363 Views 0 comment Print

NCLAT Delhi held that remedial directions contained in earlier judgement will apply to WhatsApp user data collection and sharing for all non-WhatsApp purposes which includes non-advertising and advertising purposes. Accordingly, application of commission is allowed.

Notice Invalid as Approval Under Section 151(ii) Was Defective: ITAT Raipur

January 6, 2026 699 Views 0 comment Print

The Tribunal held that reassessment initiated beyond three years requires approval from the Principal Chief Commissioner or Chief Commissioner. Sanction granted by the PCIT was invalid, rendering the entire reassessment void.

Power Distribution Function Classifiable Under Heading 8537: CAAR Delhi

January 6, 2026 756 Views 0 comment Print

The Authority examined whether imported electrical racks should be treated as static converters or distribution cabinets. It ruled that their principal function is electricity distribution, classifying them under CTH 8537 10 90. The key takeaway is that ancillary UPS functions do not alter primary classification.

Advance to Corporate Debtor for sharing profit in real estate project doesn’t qualify as financial debt

January 6, 2026 447 Views 0 comment Print

NCLAT Delhi held that amount advance to Corporate Debtor with view to share profit in real estate project doesn’t qualify as financial debt u/s. 5(8) of the Insolvency and Bankruptcy Code. Thus, application u/s. 7 rightly rejected.

Form 35 Defect Curable, Dismissal Without Hearing Set Aside

January 6, 2026 450 Views 0 comment Print

The appeals were rejected without examining additions made by the Assessing Officer. The Tribunal emphasized that appellate remedies cannot be defeated by procedural technicalities and restored the cases.

Reopening Dropped as Supreme Court Concession on AY 2015-16 Is Binding

January 6, 2026 681 Views 0 comment Print

The Tribunal held that reassessment notices issued after 1 April 2021 for AY 2015-16 are legally unsustainable. Since jurisdiction itself failed under TOLA principles, the entire reassessment was quashed.

CCI: Vague Allegations Lead to Closure of Digital Competition Complaint

January 6, 2026 660 Views 0 comment Print

The case examined allegations of market access denial and abuse of dominance in digital advertising and search services. The Commission closed the matter, holding that vague pleadings and lack of specific evidence did not establish a prima facie violation.

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