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Archive: 13 April 2026

Posts in 13 April 2026

ITAT Mumbai: CSR Donations Eligible for Section 80G Deduction Despite Bar Under Section 37

April 13, 2026 87 Views 0 comment Print

The case examined whether CSR expenses can qualify for deduction despite Section 37 disallowance. ITAT held that Section 80G operates independently and allows deduction for eligible donations. The ruling clarifies dual treatment of CSR spending.

ITAT Mumbai: No Section 68 Addition Merely Because Shareholder Company Struck Off by ROC

April 13, 2026 144 Views 0 comment Print

The case examined whether old share capital can be taxed due to ROC strike-off of a shareholder. ITAT held that Section 68 applies only to credits in the relevant year. The ruling clarifies that historical transactions remain valid.

ITAT Mumbai Quashes Reopening: Approval by Wrong Authority u/s 151 Makes Entire Reassessment Void

April 13, 2026 159 Views 0 comment Print

The case addresses whether reassessment is valid when approval is granted by the wrong authority. ITAT held that sanction under Section 151 is jurisdictional and must be from the correct authority. The entire reassessment was quashed for non-compliance.

ITAT Mumbai: No Ad-hoc Disallowance Without Rejecting Books; Section 40(a)(ia) Relief If TDS Paid Before Return Due Date

April 13, 2026 177 Views 0 comment Print

The case examines whether estimated expense disallowances can be made without rejecting books of account. ITAT held such additions invalid, emphasizing that Section 145(3) rejection is a prerequisite. The ruling protects taxpayers from arbitrary disallowances.

ITAT Bangalore: Agricultural Income Evidence Cannot Be Ignored; Case Remanded for Fresh Verification

April 13, 2026 135 Views 0 comment Print

The case addressed whether agricultural income claims can be rejected due to lack of initial evidence. ITAT held that substantial supporting documents cannot be ignored and remanded the matter for fresh verification. The ruling emphasizes fair consideration of evidence.

Addition u/s 68 was unsustainable without rebuttal of NBFC genuineness or tracing money trail

April 13, 2026 285 Views 0 comment Print

Addition under Section 68 could not be sustained where assessee has established the genuineness of a Non-banking financial company (NBFC) investor, and the AO failed to rebut such evidence or trace any money trail linking the assessee to the invested funds.

ITAT Mumbai: Section 11(5) Shortfall from Earlier Years Cannot Be Taxed; Only Current Year Violation Taxable

April 13, 2026 303 Views 0 comment Print

ITAT Mumbai rules that Section 11(5) investment shortfall of earlier years cannot be taxed in the current year, holding amendment prospective. Only current year violation is taxable, restricting addition to ₹5 lakh and deleting ₹1.34 crore.

Section 9 application under IBC admitted against Trivenimudrai Projects Ltd. as default established

April 13, 2026 153 Views 0 comment Print

NCLT Mumbai held that application under section 9 of the Insolvency and Bankruptcy Code for initiation of Corporate Insolvency Resolution Process [CIRP] against Corporate Debtor [Trivenimudrai Projects Limited] admitted since debt and default thereon stands established.

ITAT Pune: No Penalty When Mistake Attributable to Tax Consultant – Bona Fide Conduct Accepted

April 13, 2026 564 Views 0 comment Print

ITAT held that penalty cannot be imposed where incorrect return was due to consultant’s misconduct. The ruling highlights that bona fide mistakes with voluntary tax payment negate penalty.

Delay in Filing Form 10DA is Procedural – 80JJAA Deduction Cannot Be Denied: ITAT Pune

April 13, 2026 117 Views 0 comment Print

The Tribunal held that deduction claims should not be rejected for technical non-compliance. It emphasized that substantive provisions prevail over procedural requirements.

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