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Clerical Error in Accounts Triggers Fresh Probe of Cash Deposit

December 31, 2025 405 Views 0 comment Print

The assessment proceeded on a fundamentally incorrect factual premise regarding the date of deposit. ITAT ruled that such an error warrants remand for fresh examination of cash source and sales genuineness.

Payer’s Expense Accepted, Payee Can’t Be Taxed Under Section 68

December 31, 2025 513 Views 0 comment Print

The reassessment was triggered without examining invoices, bank entries, TDS data, or business records. The Tribunal held that mechanical reopening based on external information is bad in law.

Article 226 Can’t Replace Income Tax Appeal Mechanism

December 31, 2025 468 Views 0 comment Print

The writ was filed long after appellate orders were passed and without approaching ITAT. The Court held that delay and failure to exhaust statutory remedies disentitled the assessee from writ relief.

Deductor Failed to Deposit TDS: Assessee Still Entitled to Credit

December 31, 2025 552 Views 0 comment Print

The dispute concerned denial of TDS credit solely due to non-reflection in Form 26AS. The Tribunal held that Form 26AS is not conclusive and factual deduction of tax overrides system mismatch.

Section 89(1) Relief Can’t Be Denied for Return-Filing Technical Lapse

December 31, 2025 546 Views 0 comment Print

Despite Form 10E being duly filed online, the claim under section 89(1) was rejected on technical grounds. The Tribunal held that such rigidity defeats justice and directed the AO to examine the claim afresh.

₹4 Cr Allegation Fails as Wrong Search Year Invalidates 153C Notice

December 31, 2025 252 Views 0 comment Print

The Revenue relied on alleged ₹4 crore unexplained investment to justify reopening beyond six years. The Tribunal ruled that even high-value allegations cannot override statutory limitation under section 153C.

Statutory Vacuum Triggers Parens Patriae: Wife Appointed Guardian

December 31, 2025 456 Views 0 comment Print

Neither the RPWD Act nor the Mental Healthcare Act addressed guardianship for comatose persons. The Court held that constitutional powers can be exercised to secure care, dignity, and asset management.

No Profit Motive, No Denial: Section 12AB & 80G Matters Reopened

December 31, 2025 375 Views 0 comment Print

The association’s surplus was not distributable to members and activities were non-profit. The ITAT ruled that these factors support charitable character and restored the case for re-evaluation.

Penal Tax Blocked: ITAT Orders Normal Rate on Cash Deposits

December 31, 2025 282 Views 0 comment Print

The Revenue invoked section 115BBE on alleged unexplained cash. The Tribunal held the provision to be prospective and barred its application for the year under appeal.

Sales in Books Accepted, But ‘Cash Buyer’ Bills Trigger Remand

December 31, 2025 213 Views 0 comment Print

Demonetisation-era jewellery sales were questioned as invoices mentioned buyers only as cash. The ITAT remanded the matter to verify buyer identity, stock linkage, and genuineness before sustaining any addition.

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