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Archive: January, 2026

Posts in January, 2026

Delay in Form 10AB Condoned; Rejection of 12AB Registration & 80G Approval Set Aside

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The issue was whether a delayed Form 10AB filing justified denial of charitable registration. The Tribunal held that bona fide delay due to transitional confusion and CBDT clarifications warranted condonation and fresh adjudication.

Retrospective withdrawal of Transport and Marketing Assistance Scheme impermissible: writ partly allowed

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Delhi High Court held that retrospective applicability of Transport and Marketing Assistance Scheme is impermissible in law. Thus, notification of foreclosure of the Scheme dated 25.03.2022 shall have no application for exports effected between 01.04.2021 and 08.09.2021.

CIT(A) Remand Invalid for Not Deciding Legal Grounds

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The Tribunal ruled that appellate authorities must adjudicate each legal and factual ground raised in appeal. A mere remand to the AO without deciding jurisdictional issues violates statutory requirements.

Section 68 Addition Deleted as No Credit Entry Found in Books

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The Tribunal held that Section 68 cannot be invoked unless a sum is found credited in the assessees books. In the absence of any such entry, the addition based on an alleged cash loan was deleted.

Conference Expenses Deletion Set Aside for Rule 46A Violation

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The Tribunal held that additional evidence accepted by the appellate authority must be examined by the Assessing Officer. Allowance based only on banking payments and charitable status was found inadequate.

Rejection of 12AB Renewal Set Aside for Procedural Impossibility

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Emphasising substance over form, the ruling clarifies that genuine charitable trusts should not be denied renewal solely on procedural timelines where reasonable cause exists.

Additions Under Section 153A Quashed for Lack of Incriminating Material

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The Tribunal held that additions for completed assessment years under section 153A are invalid when no incriminating material is found during search. Reliance on third-party documents and uncorroborated statements was held insufficient to sustain additions.

Delay in Form 10AB Filing Condoned for Existing Charitable Trusts

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The Tribunal ruled that the six-month time limit from commencement of activities applies only to newly formed trusts. Long-standing trusts cannot be denied approval solely on this ground.

CKD Air Conditioners Classified as Complete Units When Imported Together: CAAR Delhi

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The issue before the Authority was the classification of evaporators and condensers. It held that heat exchangers imported separately are classifiable as parts, but follow the main unit’s classification when imported together in CKD/SKD condition.

Onyx Embolization Liquid System classifiable under CTH 9021: CAAR Delhi

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The ruling examined whether a liquid embolic system qualifies as a medicament. It held that since the product acts mechanically by occluding vessels, classification under medicament heading was not applicable.

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