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Archive: 17 January 2026

Posts in 17 January 2026

TDS Credit Denied to Non-Signatory Property Co-Owner: ITAT Ahmedabad

January 17, 2026 390 Views 0 comment Print

The issue was whether TDS credit can be claimed by a person not named in the sale deed. ITAT held that TDS credit belongs only to the actual owners who executed the sale agreement.

ITAT Bangalore Upholds Cancellation of 12AB Registration for Influencing Media Content

January 17, 2026 711 Views 0 comment Print

The Tribunal upheld cancellation after finding that funding practices influenced editorial content and political narratives. The ruling confirms that such conduct constitutes specified violations warranting loss of charitable status.

No Section 41(1) Addition Without Actual Cessation of Liability

January 17, 2026 810 Views 0 comment Print

The tribunal held that Section 41(1) applies only when a liability is actually remitted or ceases to exist. Mere passage of time or old outstanding balances cannot justify a deemed income addition.

Belated Form 10B Filing Does Not Bar Section 11 Exemption

January 17, 2026 687 Views 0 comment Print

The tribunal held that late filing of Form 10B is a procedural lapse and cannot defeat exemption under Section 11. If the audit report is available before assessment or rectification, exemption must be allowed.

Unexplained Capital Addition Sent Back Due to Procedural Lapse in Appeal

January 17, 2026 228 Views 0 comment Print

The dispute involved additions of partners capital treated as unexplained cash credits. The Tribunal did not rule on merits but remanded the matter due to procedural violation by the appellate authority. It highlights that appellate orders must be reasoned and speaking.

Entire Sale Proceeds Cannot Be Taxed as Capital Gain

January 17, 2026 324 Views 0 comment Print

The tribunal held that taxing the full sale consideration as short-term capital gain without allowing cost of acquisition is legally incorrect. Capital gains must be computed on net gains, not gross receipts.

Late Section 148 Notice Leads to Complete Reassessment Failure

January 17, 2026 1881 Views 0 comment Print

Although the Revenue followed the new reassessment procedure, the notice was issued beyond the allowable time. The Tribunal set aside the reassessment as void ab initio. 

Section 153C Order Invalid Without Proper Satisfaction

January 17, 2026 426 Views 0 comment Print

The tribunal held that reassessment under Section 153C cannot stand without valid satisfaction as mandated by law. Failure to examine this jurisdictional issue vitiates the proceedings.

Stamp Duty Demand Quashed Where Tenancy Never Surrendered

January 17, 2026 585 Views 0 comment Print

Courts below treated an agreement to sell as a conveyance due to possession with the buyer. The Supreme Court ruled that without express or implied surrender of tenancy, no deemed conveyance arises. 

1% Shroff Commission Addition Set Aside for Lack of Verification

January 17, 2026 333 Views 0 comment Print

The tribunal held that estimating commission income at 1% without verifying the existence of a genuine Shroff business was legally unsustainable. The matter was remanded for fresh examination by the Assessing Officer.

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