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Archive: April, 2026

Posts in April, 2026

ITAT Mumbai: Second Reopening Based on Same Material Is Invalid-Change of Opinion Not Permissible

April 13, 2026 192 Views 0 comment Print

The Tribunal ruled that reassessment cannot be reopened on issues already examined earlier. It held that absence of fresh material and mere change of opinion renders reopening invalid.

ITAT Mumbai Allows Actuarial Provisions for Employee Benefit Schemes; Deletes Major Disallowances on Expense Provisions

April 13, 2026 225 Views 0 comment Print

ITAT Mumbai rules actuarial provisions for employee benefit schemes are allowable under Section 37(1) as ascertained liabilities, deletes major disallowances on expense provisions, limits TDS applicability to payment stage, and prevents double taxation of expenses.

ITAT Mumbai: Sec 14A Disallowance Cannot Exceed Exempt Income-Addition Restricted

April 13, 2026 261 Views 0 comment Print

ITAT Mumbai rules that Section 14A disallowance cannot exceed exempt income, directing AO to cap disallowance accordingly and delete excess addition, granting relief to assessee.

ITAT Mumbai: Reopening Invalid Without Proper Sanction-Approval by Wrong Authority Vitiates Entire Proceedings

April 13, 2026 246 Views 0 comment Print

ITAT Mumbai holds reassessment invalid where approval under Section 151 was obtained from incorrect authority, ruling defect as jurisdictional and quashing notice under Section 148 and consequent proceedings.

ITAT Mumbai: Interest from Co-Operative Banks Eligible U/s 80P(2)(d)-Consistency Principle Applied

April 13, 2026 144 Views 0 comment Print

The Tribunal held that interest earned from deposits with co-operative banks is eligible for deduction under Section 80P(2)(d). It clarified that co-operative banks are treated as co-operative societies for this purpose.

Limitation doesn’t apply as appropriation during pendency of appeal is payment of Excise duty under protest

April 13, 2026 234 Views 0 comment Print

Madras High Court held that appropriation of refund made during pendency of an appeal is construed as payment of duty under protest and hence period of limitation doesn’t apply in such case. Accordingly, appeal stand allowed and order is set aside.

ITAT Mumbai: Reopening Beyond 3 Years Invalid Where Escaped Income below ₹50L-Notice u/s 148 Quashed

April 13, 2026 177 Views 0 comment Print

ITAT Mumbai quashes reopening beyond 3 years where escaped income is below ₹50 lakh, holding notice under Section 148 time-barred and invalid, thereby deleting consequential addition.

Shilpa Shetty Kundra’s ₹12.54 Crore Gift from Husband Lands Before ITAT & What Every Taxpayer Must Know

April 13, 2026 1092 Views 0 comment Print

A large spousal gift exemption was denied due to failure in proving genuineness, creditworthiness, and source of funds. The ruling highlights that documentation is crucial even for exempt transactions under tax law.

1394-Day Delay Due to Spiritual Jain Diksha of Counsel – Appellant Gets Conditional Relief with Cost

April 13, 2026 1215 Views 0 comment Print

The issue was whether an excessive delay in filing appeals could be condoned. The Tribunal allowed condonation but imposed costs, balancing justice with procedural discipline.

TDS on Sale of Property by Resident and NRI Sellers

April 13, 2026 8259 Views 1 comment Print

The law places the responsibility of TDS deduction on the buyer, not the seller. Failure to comply can lead to penalties, interest, and legal consequences.

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