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Archive: January, 2026

Posts in January, 2026

Agreed Addition Not Conclusive Where Law Grants Exemption

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Capital gains arose from land compulsorily acquired by a government authority. ITAT directed the AO to re-examine eligibility for exemption under Section 10(37).

“Attributable” Has Wider Scope Than “Derived” Under Section 80P

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The Revenue disallowed 80P deduction by treating FDR interest as income from surplus funds. ITAT ruled Totgars applies only to surplus funds, not to statutory reserves mandated by co-operative law.

Revenue Appeal Infructuous After Section 263 Order Set Aside

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ITAT Ahmedabad held that if a Section 263 revision order is quashed, any consequential assessment and appeals based on it are rendered inoperative. Key takeaway: assessments cannot stand on invalid foundations.

Notice Issued for Incorrect Year Renders Reassessment Void

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The reassessment was initiated for AY 2013-14 using reasons recorded for AY 2012-13. ITAT held that reopening for the wrong year is void, causing the entire Section 147 assessment to collapse.

Books Not Proper, Estimated Income Still Penalised by ITAT

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ITAT Jaipur confirmed that Section 270A(6)(b) exclusion is inapplicable when accounts are incorrect or incomplete. Key takeaway: defective records make estimated disallowances liable to penalty.

Leave Encashment Limit Enhanced, Full ₹13.12 Lakh Exempt Allowed

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The issue was whether leave encashment exemption should be capped at ₹3 lakh or ₹25 lakh. ITAT held that the enhanced ₹25 lakh limit applies, making the entire ₹13.12 lakh fully exempt.

Religious Functions Alone Can’t Secure Charitable Registration

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The issue was whether daily pooja and religious ceremonies qualify as charitable activities. ITAT held that worship-centric activities are purely religious and do not meet the statutory test for charitable registration.

CBDT Memorandum Not Conclusive Proof of Bogus Donation

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The AO disallowed a weighted deduction relying only on a subsequent CBDT list. ITAT ruled that factual verification and proof of bogus donation are mandatory before denying the claim.

IRDAI Invites EOIs for GST and Concurrent Audit Empanelment

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The insurance regulator has called for EOIs from eligible CA and Cost Accountant firms for GST compliance review and audit work, outlining strict eligibility and selection criteria.

Extrapolation Without Evidence Invalid, ₹77.27 Lakh Deletion Upheld

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The issue was whether an extrapolated SCO value could justify unexplained investment in the buyer’s hands. ITAT held that once the seller’s extrapolation was rejected, the buyer’s addition could not survive.

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