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Unexplained Jewellery Addition Scaled Down on Human Probability

January 10, 2026 594 Views 0 comment Print

The Tribunal applied common sense to accept that some jewellery belonged to visiting relatives. It granted partial deletion, stressing that complete relief requires corroborative evidence.

Employee Not Liable for Employer’s Failure to Deposit Salary TDS: ITAT Patna

January 10, 2026 1083 Views 0 comment Print

The tribunal rejected demand raised solely due to Form 26AS mismatch caused by employer non-deposit of TDS. The key principle is that employees cannot be penalised for failures beyond their control.

Section 197 TDS Rate Cannot Be Raised Once PE Finding Is Set Aside: Delhi High Court

January 9, 2026 858 Views 0 comment Print

The Court set aside a 3.5% TDS certificate after the PE finding relied upon by the Revenue was overturned by the ITAT. The earlier 1.5% rate was restored due to lack of legal foundation.

Gold and Cash Seized in Search Released on Payment of Advance Tax

January 9, 2026 576 Views 0 comment Print

While search proceedings were still pending, the Court permitted release of seized jewellery and cash after petitioners deposited amounts against possible tax demand. No view was taken on merits of explanations.

Amalgamation Shares Taxable Only If Real Income Arises

January 9, 2026 789 Views 0 comment Print

The Supreme Court examined whether shares received on amalgamation can be taxed as business income when held as stock-in-trade. It ruled that tax arises only if the substitution results in a real, commercially realizable gain, not a mere statutory replacement.

Substantive 80G Claim Revived Despite Inadvertent Filing Mistake

January 9, 2026 402 Views 0 comment Print

The issue was denial of regular 80G approval due to an inadvertent filing under an incorrect clause. The Tribunal held that a procedural mistake should not bar substantive adjudication.

Section 69C Addition Restricted to Estimated Profit of Small Trader

January 9, 2026 789 Views 1 comment Print

The issue was whether total purchases could be treated as unexplained expenditure under section 69C. The Tribunal held that only the profit element is taxable in a small retail trading business.

Section 263 Revision Quashed for Lack of Error and Prejudice

January 9, 2026 432 Views 0 comment Print

he revision targeted 80G deduction and interest under TDS/TCS provisions. The Tribunal found that the Assessing Officer had examined both issues and no prejudice was shown.

Section 14A Disallowance Recomputed After Mutual Fund Exclusion

January 9, 2026 363 Views 0 comment Print

The assessee challenged a large section 14A disallowance on procedural and factual grounds. The Tribunal upheld satisfaction but ordered recomputation after excluding mutual fund investments.

Delay in Form 10AB Filing Excused Due to Late Grant of Prior Approval

January 9, 2026 693 Views 0 comment Print

Holding that there was no real delay, the Tribunal directed grant of section 80G approval. The decision stresses practical and reasonable interpretation of filing timelines.

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