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Archive: January, 2026

Posts in January, 2026

Section 153C Assessments Beyond Six-Year Block Invalid: ITAT Delhi

January 19, 2026 135 Views 0 comment Print

The Tribunal held that assessments beyond the permissible six-year block under section 153C are invalid. Proceedings were quashed as the relevant years fell outside the statutory limitation.

Belated Return Not a Bar to Section 115BAA Concessional Tax: ITAT Mumbai

January 19, 2026 138 Views 0 comment Print

The issue was whether a late return under section 139(4) bars the concessional 22% tax regime. The Tribunal held that timely filing of Form 10IC is sufficient and the benefit cannot be denied on technical grounds.

ITAT Chandigarh Sets Aside Best-Judgment Order Treating Agricultural Income as Other Sources

January 19, 2026 96 Views 0 comment Print

Agricultural income was taxed as other income in a best judgment assessment due to non-compliance. The Tribunal restored the matter for fresh assessment to ensure a fair hearing. 

Section 40A(3) Disallowance Fails Without Proof of Split Cash: ITAT Chennai

January 19, 2026 93 Views 0 comment Print

The Tribunal held that disallowance under section 40A(3) cannot be made on assumptions of split payments. In the absence of evidence showing lump-sum cash payments exceeding the statutory limit, the addition was deleted.

Wrong Clause in Form 10AB Is a Curable Technical Defect: ITAT Restores 12AB Registration

January 19, 2026 114 Views 0 comment Print

The Tribunal held that selecting an incorrect clause in Form 10AB is a technical defect. Charitable registration cannot be denied when all substantive requirements are satisfied.

Existing Trust Not Hit by 6-Month Rule: ITAT Mumbai Revives 12AB & 80G Applications

January 19, 2026 633 Views 0 comment Print

The Tribunal held that the six-month timeline under section 12A(1)(ac)(iii) does not apply to existing trusts. Final registration cannot be rejected merely on alleged delay.

Shooting Location Receipts: ITAT Sends Back House Property vs Business Income Issue

January 19, 2026 99 Views 0 comment Print

The Tribunal held that additions treating shooting location receipts as house property income were premature. Authorities were directed to re-examine the claim after considering all relevant documents.

No TDS on Transponder Charges Under India-UK DTAA as Payment Not Royalty: ITAT Mumbai

January 19, 2026 99 Views 0 comment Print

The dispute examined whether satellite transponder charges paid to a foreign entity constituted royalty requiring tax deduction at source. The Tribunal held that such payments were not royalty under the India–UK DTAA, as there was no use of a secret process or transfer of rights. Consequently, no withholding tax obligation arose under section 195

ITAT Grants Indexed Cost Benefit in JDA for Land and Constructed Area Rights

January 19, 2026 171 Views 0 comment Print

The Tribunal held that rights received under a joint development agreement are not free but exchanged for land. Indexed cost must therefore be allowed while computing capital gains.

Section 68 Addition Cannot Be Sustained Without Proper Evaluation: ITAT Mumbai

January 19, 2026 108 Views 0 comment Print

The Tribunal ruled that once additional evidence is admitted, the appellate authority must adjudicate it on merits. Absence of a speaking order required the matter to be remanded for fresh consideration.

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