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Section 143(3) Order Invalid as Assessment Had Abated on Search Date

January 22, 2026 1041 Views 0 comment Print

The Tribunal ruled that completion of assessment after search, despite statutory abatement, is impermissible. Jurisdiction shifts exclusively to Section 153A proceedings.

Corpus Fund Withdrawal Not Taxable When Used for Charitable Objects: ITAT Chennai

January 22, 2026 1296 Views 0 comment Print

The issue was whether utilisation of corpus donations for expenditure converts them into taxable income. The Tribunal held that corpus retains its exempt character when used as per donor directions and trust deed.

Reassessment Beyond 3 Years Upheld as Escapement Exceeded ₹50 Lakh — Cash Deposits u/s 69A

January 22, 2026 387 Views 0 comment Print

The issue was whether reassessment after three years was barred by limitation. The Tribunal held it valid since the escaped income exceeded ₹50 lakh, attracting the extended reopening window.

Section 270A Penalty Deleted for Suo Motu Withdrawal of Education Cess Claim

January 22, 2026 789 Views 0 comment Print

The tribunal held that penalty under Section 270A cannot be levied where the assessee voluntarily withdrew the education cess claim after a retrospective amendment. A bona fide claim made on prevailing judicial views does not amount to under-reporting or misreporting.

Penalty u/s 271(1)(c) Not Sustainable on Estimated/40(a)(ia)/41(1) Additions: ITAT Agra

January 22, 2026 405 Views 0 comment Print

The case examined penalty levied on estimated additions and statutory disallowance. The Tribunal held that neither category amounts to concealment or inaccurate particulars.

Section 43B Relief Granted Because Evidence of Gratuity Payment Was Ignored

January 22, 2026 417 Views 0 comment Print

The decision underscores that ignoring audited disclosures, ledgers, and salary records violates principles of natural justice. Once actual payment is proved, gratuity deduction must be allowed.

ITAT Rajkot Quashes Copy-Paste Appellate Order Citing Wrong AY/Facts

January 22, 2026 5553 Views 1 comment Print

The issue was an appellate order passed with facts, year, and income of another assessee. The Tribunal held the order void and directed a fresh decision in the correct case.

Minor Valuation Difference Cannot Justify Capital Gains Addition: ITAT Surat

January 22, 2026 2016 Views 0 comment Print

ITAT held that when the same property valuation has been accepted in co-owners’ cases, a contrary view cannot be taken for another co-owner. Consistency in tax treatment is mandatory.

Penny Stock LTCG Held Genuine Despite Investigation Reports: ITAT Mumbai

January 22, 2026 6276 Views 0 comment Print

The tribunal held that suspicion, abnormal price rise, or third-party reports are insufficient to deny LTCG exemption. Revenue must establish direct involvement of the taxpayer in price rigging.

Section 68 Addition Set Aside as Onus of Proof Was Discharged

January 22, 2026 480 Views 0 comment Print

The Tribunal held that once the assessee proves identity, genuineness, and source through documents and bank records, the burden shifts to the Revenue. Without rebuttal of evidence, addition under Section 68 cannot survive.

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