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Archive: January, 2026

Posts in January, 2026

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

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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

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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

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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

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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

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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

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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

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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.

Section 80P Deduction Cannot Be Denied by CPC for AY 2019-20

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The issue was whether CPC could disallow Section 80P deduction while processing the return under Section 143(1). The Tribunal held that CPC lacked such power for AY 2019-20 as the enabling amendment came later.

No Penalty for Recharacterising Capital Gains as Business Income

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The Assessing Officer imposed penalty after treating disclosed capital gains as business income. The Tribunal ruled that classification disputes, without suppression of facts, cannot justify penalty.

Section 69 Addition Quashed Because Housing Loan Explained Source

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The issue was whether cash and cheque payments could be taxed as unexplained investment in AY 2013–14. The Tribunal held that the major payments pertained to FY 2010–11 and could not be assessed in a later year.

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