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Archive: 09 January 2026

Posts in 09 January 2026

Delay in Form 10AB Filing Excused Due to Late Grant of Prior Approval

January 9, 2026 600 Views 0 comment Print

Holding that there was no real delay, the Tribunal directed grant of section 80G approval. The decision stresses practical and reasonable interpretation of filing timelines.

Addition Set Aside for Lack of Cross-Examination Opportunity

January 9, 2026 351 Views 0 comment Print

An addition based on a third-party statement was challenged for denial of cross-examination. The Tribunal held that natural justice must be followed and directed a fresh hearing.

Reassessment Quashed for Wrong Approval Under Section 151

January 9, 2026 669 Views 0 comment Print

The issue was whether reassessment beyond three years was valid without approval from the correct authority. ITAT held the notice void as sanction was taken from the wrong officer, reaffirming strict compliance with Section 151.

Section 143(1) Adjustment Cannot Deny 115BAB Concessional Rate

January 9, 2026 840 Views 0 comment Print

Denial of the 15% rate through summary processing was held invalid. Eligibility under section 115BAB requires examination and hearing, not mechanical CPC adjustments.

Reopening Quashed for Non-Supply of Material Relied Upon in Reasons

January 9, 2026 732 Views 0 comment Print

The issue was whether reopening is valid when the information relied upon is not shared. The Tribunal held that failure to supply such material violates natural justice and vitiates reassessment.

ITAT Condones 3,100 Days Delay, Appeal Sent Back

January 9, 2026 612 Views 0 comment Print

The issue was whether an extraordinary delay caused by non-communication of intimation and a CPC error could be condoned. ITAT held the delay was unintentional, imposed costs, and remanded the case for adjudication on merits.

Estimated Commission Addition Unsustainable Without Rejecting Books

January 9, 2026 705 Views 0 comment Print

The issue was whether commission income could be estimated without rejecting books of account. The Tribunal ruled that estimation without invoking section 145(3) and section 144 is impermissible.

Section 68 Addition Deleted After Loan Genuineness Proven

January 9, 2026 534 Views 0 comment Print

The Revenue argued that routing through banking channels was insufficient. The Tribunal rejected this contention, holding that complete documentary evidence satisfied all requirements of Section 68.

Accommodation Entry Allegation Rejected for Want of Proof

January 9, 2026 480 Views 0 comment Print

The ruling reiterates that reassessment cannot be sustained where documentary evidence shows no loan transaction. Incorrect third-party information cannot justify reopening.

ITAT Pune Deletes Section 234E Late Fee for Pre-1 June 2015 TDS Return Processing

January 9, 2026 546 Views 0 comment Print

The case dealt with a TDS return processed in March 2015 where late fee was levied. The Tribunal held such levy to be without jurisdiction under the law then in force.

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