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Registration U/s 12AB Cannot Be Denied by Sitting in Judgment Over Financial Prudence — ITAT Delhi Restores U/s 12AB Registration

February 7, 2026 918 Views 0 comment Print

The authority cancelled existing registration without invoking the procedure under Section 12AB(4). The Tribunal ruled that supersession of registration requires proof of specified violations and due process. In its absence, cancellation was illegal.

Property Received Under Family Settlement Not Taxable u/s 56(2) — Gift Deed Only a Formal Consequence

February 7, 2026 921 Views 0 comment Print

ITAT ruled that property transferred under a bona fide family settlement is outside the scope of Section 56(2)(vii). Such arrangements are not treated as taxable gifts even if formalised through a gift deed.

Section 144 Assessment Upheld, Cash Addition Slashed Section 115BBE Disallowed – Partial Relief to Transporter

February 7, 2026 471 Views 0 comment Print

The assessee challenged jurisdiction for lack of notice under Section 143(2). The Tribunal held that once the belated return was invalid, assessment under Section 144 was lawful.

Ad-Hoc percentage basis Addition on Sundry Creditors Is Illegal – 41(1) Can’t Run on Presumptions

February 7, 2026 1056 Views 0 comment Print

The ITAT ruled that ad-hoc estimation of sundry creditors as ceased liabilities is not permissible when purchases and trading results are accepted. Section 41(1) can be invoked only on proven remission or cessation, not assumptions.

Controlled Cant Benchmark Controlled – Pro-Rata Commission TP Struck Down

February 7, 2026 342 Views 0 comment Print

The authorities compared intra-group commission rates without economic analysis. The Tribunal ruled that such an approach leads to invalid transfer pricing adjustments.

WhatsApp Chats ≠ Unexplained Money – U/s 69A & 115BBE Crumble Without Cash or Ownership

February 7, 2026 795 Views 0 comment Print

The Tribunal ruled that Section 69A applies only when the assessee is found to be the owner of money or assets. Mere suspicion or digital communication cannot replace proof of possession or ownership.

Section 153C Valid, Bogus Purchases Fully Taxable Section 153D Approval Upheld – Assessee Loses on All Fronts

February 7, 2026 672 Views 0 comment Print

The issue was whether purchases recorded by the assessee were genuine. The Tribunal held that seized Tally data and statements proved bogus purchases, justifying full addition.

For Non-Searched Persons, Clock Starts on Receipt of Books – Revenue’s U/s 153C Theory Rejected

February 7, 2026 330 Views 0 comment Print

The ITAT ruled that limitation begins when seized material is handed over to the assessing officer of the non-searched person. The key takeaway is that procedural safeguards apply even in search-related cases.

Cherry-Picked Comparables Rejected Assessees Set Ignored – TP Matter Sent Back for Fresh Benchmarking

February 7, 2026 435 Views 0 comment Print

The Tribunal found that lower authorities failed to follow binding coordinate bench decisions on comparability. The case was sent back for re-determination in accordance with law.

Opening Balance Can’t Be Taxed Again & Corpus Fails Only Where Proof Fails – Revenue Routed

February 7, 2026 267 Views 0 comment Print

The ITAT ruled that accumulated building funds carried forward from previous years are not taxable in the year under scrutiny. The decision reinforces that taxation must align strictly with the year of receipt.

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