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Archive: January, 2026

Posts in January, 2026

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

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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

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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

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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

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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

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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

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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

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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.

Customs Classification Must Follow Tariff Description, Not End Use: SC

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Supreme Court ruled that goods must be classified based on their specific tariff description and GRIs, not merely on how importers use them. End use is relevant only where tariff heading or notes explicitly or inherently permit it.

Satsang Bhawan Construction Qualifies as Charitable Activity

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It was ruled that denial of registration merely because activities are at an initial stage is unjustified. The takeaway is that limited funds and phased implementation do not negate charitable intent.

Appeal Dismissed for Lack of Jurisdiction Based on AO Location

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The dispute involved whether the Varanasi Bench could adjudicate an appeal arising from a Kolkata-based assessment. The Tribunal held that filing before an incorrect Bench is fatal and parties must approach the jurisdictional Tribunal.

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