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Archive: 24 April 2026

Posts in 24 April 2026

Eviction decree against tenant set aside as reasonable requirement of building/re-building not proved

April 24, 2026 366 Views 0 comment Print

Calcutta High Court held that municipal tax does not constitute rent hence default thereon cannot be reason for eviction. Further, decree of eviction set aside since reasonable requirement for the purpose of building or rebuilding not proved.

Credit Card Payments Explained – Addition u/s 69C Deleted in Absence of Unexplained Source

April 24, 2026 396 Views 0 comment Print

The Tribunal noted that the assessee provided affidavits, bank statements, and financials of contributors. The addition was deleted as the source stood satisfactorily explained.

Seizure of imported ‘Roasted Areca Nuts’ based on contradictory CRCL report not tenable

April 24, 2026 546 Views 0 comment Print

CESTAT Chandigarh held that seizure of imported ‘Roasted Areca Nuts’ on the basis of contradictory CRCL reports is not justifiable since report failed to account for low moisture levels. Accordingly, appeal is allowed and detained goods are directed to be released.

Penalty U/s 271(1)(c) Deleted – Defective Notice Without Specifying Charge Vitiates Proceedings

April 24, 2026 276 Views 0 comment Print

The tribunal ruled that failure to strike off irrelevant portions in penalty notice makes it legally defective. Such ambiguity invalidates the entire penalty levy.

Audit Alone Not Enough for Section 11 Claim – ITAT Restores Matter for Evidence Verification

April 24, 2026 249 Views 0 comment Print

The Tribunal held that audited accounts cannot replace documentary evidence for claiming application of income. The case was remanded for fresh verification.

CM-Based Addition Deleted – No Evidence Beyond Investigation Wing Information

April 24, 2026 420 Views 0 comment Print

The Tribunal found that the AO relied only on general information without corroborative material. The ruling emphasizes that suspicion cannot replace proof in tax proceedings.

Section 263 Quashed in Search Case – PCIT Cannot Revise Without Touching U/s 153D Approval

April 24, 2026 465 Views 0 comment Print

The tribunal ruled that revisionary powers cannot be exercised without questioning the statutory approval under Section 153D. Absence of such examination renders Section 263 action invalid.

Reassessment Time-Barred Despite TOLA SC Relaxation – Notice Held Void

April 24, 2026 396 Views 0 comment Print

The notice issued after the permissible window calculated under TOLA and judicial rulings was held void. The case highlights strict adherence to limitation timelines.

Reopening Quashed for Non-Supply of Reasons – Entire Assessment Held Void

April 24, 2026 507 Views 0 comment Print

The Tribunal ruled that supplying only a summary of reasons is insufficient in law. The failure to furnish recorded reasons vitiated the entire reassessment.

Penalty U/s 271(1)(b) Deleted – Non-compliance Excused Due to Reasonable Cause (Ignorance & Cash-based Livelihood

April 24, 2026 291 Views 0 comment Print

The tribunal held that penalty for non-appearance cannot be sustained when reasonable cause exists. Ignorance of proceedings and factual circumstances justified relief.

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