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Archive: February, 2026

Posts in February, 2026

Section 12A/80G Cannot Be Rejected Solely for Lack of Past Activity: ITAT Chandigarh

February 5, 2026 381 Views 0 comment Print

The Tribunal emphasized that registration decisions must consider all relevant evidence. Mechanical rejection without full appraisal was held unsustainable.

145(3) Upheld but 1% NP Excessive; Beer Trader’s Margin Rationalised to 0.50%

February 5, 2026 288 Views 0 comment Print

Unexplained cash deposits and rent discrepancies led to rejection of books under section 145(3). However, the Tribunal held that estimating profits at 1% was excessive and moderated it to 0.50%.

Section 68 Addition Deleted; Loans from Alleged Entry Providers Accepted on Consistency

February 5, 2026 396 Views 0 comment Print

he Tribunal held that unsecured loans could not be treated as unexplained cash credits when identity, creditworthiness, and genuineness were duly proved. Consistency with earlier rulings involving the same lenders led to deletion of the addition.

Section 56(2)(vii)(b) Automatic, but DVO Reference Mandatory When Valuation Disputed

February 5, 2026 570 Views 0 comment Print

The Tribunal held that section 56(2)(vii)(b) applies automatically when stamp value exceeds purchase price. However, it remanded the matter for DVO valuation to ensure fair determination of market value.

Unsigned Agreement = No Incriminating Material; ALV Addition in 153A Unsustainable

February 5, 2026 264 Views 0 comment Print

The dispute concerned enhancement of house property income based on an unsigned lease found during search. The Tribunal held that such a document has no evidentiary value and cannot support additions.

Entire Bank Deposits Not Income; Only Profit Element Taxable @ 12%

February 5, 2026 990 Views 0 comment Print

The Tribunal held that cash deposits reflecting routine business transactions cannot be treated wholly as unexplained income. Only the profit element embedded in such receipts is taxable.

Bhandara Expenses = Relief of Poor & Valid Application of Income: ITAT Agra

February 5, 2026 366 Views 0 comment Print

The tax authorities disallowed Bhandara expenses assuming a religious character without concrete evidence. The Tribunal held that mere suspicion cannot override the accepted fact of food being provided to the needy.

Each and every commercial transaction resulting into loss cannot be labelled as fraudulent

February 5, 2026 384 Views 0 comment Print

NCLAT Delhi held that each and every commercial transaction which has resulted in loss may not be labelled as fraudulent or to have been done to deceive creditors. Accordingly, since ingredients of section 66(2) of IBC is lacking, the transaction cannot be labelled as fraudulent.

No Tangible Material: Reassessment Invalid; Bogus LTCG Addition Deleted– ITAT Chandigarh

February 5, 2026 588 Views 0 comment Print

Since the reassessment itself was quashed, the addition treating long-term capital gains as unexplained cash credit under section 68 automatically failed. Jurisdictional defects were fatal to the assessment.

ITAT Chandigarh Denied Section 80G Registration on Ground of Religious Activities Set Aside

February 5, 2026 567 Views 0 comment Print

The Tribunal ruled that maintaining a temple or holding festivals does not disqualify a trust if substantial funds are spent on public welfare. Authorities must examine actual expenditure patterns, not assumptions.

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