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Archive: 09 January 2026

Posts in 09 January 2026

Rejection of 12A Registration Set Aside for Fresh Hearing on Delay

January 9, 2026 708 Views 0 comment Print

The Tribunal found that the Commissioner must consider condonation of delay under the amended section 12A. The rejection order was therefore set aside.

Rejection of U/s 80G Approval Held Premature Due to Pending U/s 12AB

January 9, 2026 378 Views 0 comment Print

The dispute concerned denial of donor approval before finality of charitable registration. The Tribunal held that 80G approval is consequential and cannot be refused while 12AB registration is under re-examination.

ACB FIRs Restored; High Court’s Hyper-Technical Quash Set Aside

January 9, 2026 426 Views 0 comment Print

The Supreme Court held that quashing corruption FIRs on technical objections to police-station notification was unjustified. The key takeaway is that substance and continuity of law prevail over procedural hyper-technicalities.

Wrong Email Service Vitiates Ex-Parte Appellate Order: ITAT Bangalore

January 9, 2026 258 Views 0 comment Print

The appeal was dismissed ex-parte due to alleged non-compliance by the assessee. The ITAT found that notices were issued to the wrong email despite correct details on record and ordered de novo consideration.

Section 40 Disallowance Fails for Overseas Commission Payments

January 9, 2026 390 Views 0 comment Print

The case clarifies that commission paid to foreign agents for export facilitation abroad cannot be disallowed for non-deduction of tax. Absence of income accrual in India was decisive.

Order Giving Effect Cannot Be Challenged Directly Before ITAT

January 9, 2026 897 Views 0 comment Print

The assessee challenged denial of Section 80P deduction in the order giving effect to the CIT(A)’s directions. The Tribunal ruled that Section 253 permits appeal only against CIT(A) orders, not against implementation orders.

Section 12AB Registration Rejected Without Hearing Set Aside

January 9, 2026 759 Views 0 comment Print

The issue was whether final registration could be denied without granting a proper opportunity of hearing. The Tribunal held that rejection without a show-cause notice violates natural justice and remanded the matter for fresh consideration.

Reassessment Upheld Because Third-Party Excel Data Indicated Escaped Income

January 9, 2026 1068 Views 0 comment Print

The court held that an excel sheet found during a search, indicating a cash transaction, constituted valid information to reopen assessment.

Ad-Hoc 10% Addition on Sundry Creditors Struck Down

January 9, 2026 381 Views 0 comment Print

It was held that neither the AO nor the appellate authority provided any factual basis for estimating disallowance. The ruling confirms that estimation must be backed by evidence.

Deduction Allowed as Interest from Co-operative Banks Qualifies under Section 80P

January 9, 2026 657 Views 0 comment Print

The Tribunal held that interest earned by a credit co-operative society from deposits with co-operative banks is deductible under section 80P(2)(d). The ruling follows settled law that such societies are distinct from co-operative banks.

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