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Second Reopening u/s 147 Quashed as Change of Opinion—Section 54F Deduction Cannot Be Revisited Without New Material

January 8, 2026 636 Views 0 comment Print

The issue was whether a second reassessment could be initiated on the same facts already examined earlier. The Tribunal held that reopening based on a mere change of opinion is invalid and quashed the reassessment.

Reassessment After Four Years Invalid for Change of Opinion: ITAT Chennai

January 8, 2026 447 Views 0 comment Print

The issue was whether reassessment could be initiated beyond four years after a completed scrutiny assessment. The Tribunal held that reopening was barred as there was no failure to disclose material facts.

CLB Lacked Power to Condon Delay Under Companies Act 2013: SC

January 8, 2026 675 Views 0 comment Print

The issue was whether the Company Law Board could condone delay in appeals under Section 58(3). The Supreme Court held that CLB, being a quasi-judicial body, had no such power in absence of statutory authority.

ITAT Mumbai Quashed Cash Addition Based Only on Third-Party Excel Sheet

January 8, 2026 918 Views 0 comment Print

The Tribunal examined whether a cash addition under section 69 could rest solely on an Excel sheet seized from a third party. It held the addition unsustainable due to lack of corroborative evidence and violation of natural justice.

ITAT Mumbai deleted Bogus LTCG additions for Lack of Direct Evidence

January 8, 2026 621 Views 0 comment Print

The Tribunal held that long-term capital gains from listed share sales could not be treated as bogus merely due to high profits. In the absence of contrary evidence, additions under Sections 68 and 69C were deleted.

Composite Trust Eligible for U/s 80G If Religious Spend Within 5% Limit

January 8, 2026 657 Views 0 comment Print

The issue was whether a trust with mixed charitable and religious objects could be denied 80G approval. The Tribunal held that composite trusts are eligible if religious expenditure stays within statutory limits, and directed grant of approval.

Section 54F Exemption Cannot Be Denied for Small or Modest House Construction

January 8, 2026 5064 Views 0 comment Print

The AO denied exemption relying on an inspector’s report citing minimal construction. The Tribunal held that documentary evidence showed a habitable residence, entitling exemption.

Section 263 Revision Upheld for Lack of Enquiry on Cash Deposits

January 8, 2026 357 Views 0 comment Print

The ITAT upheld revision under Section 263 where the Assessing Officer accepted large demonetisation cash deposits without proper verification. Failure to examine utilisation of withdrawals or call for a cash book rendered the assessment erroneous and prejudicial to revenue.

Appeal Cannot Be Dismissed Without Deciding Delay Condonation

January 8, 2026 453 Views 0 comment Print

The issue was whether an appeal can be rejected without first considering condonation of delay. The Tribunal held that dismissal without condoning delay is invalid and requires fresh adjudication.

Section 271(1)(c) Penalty Order Set Aside for Being Non-Speaking

January 8, 2026 468 Views 0 comment Print

The issue was confirmation of penalty without reasons. The Tribunal held that a non-speaking appellate order violates law and remanded the matter for fresh adjudication.

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