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Video-Recorded Will Upheld, Probate Granted Despite Objections

December 30, 2025 333 Views 0 comment Print

The court relied on a video recording, attesting witness testimony, and medical certification to confirm soundness of mind. Digital evidence was accepted as reliable corroboration of Will execution.

Section 12AB and 80G Applications Revived After Long Delay

December 30, 2025 342 Views 0 comment Print

ITAT Pune condoned an 897-904 day delay in appeals, holding the delay was unintentional and due to incorrect guidance. The case highlights that bona fide professional errors can justify condonation of delay.

Dumb Electronic Documents Cannot Create Taxable Investment

December 30, 2025 243 Views 0 comment Print

Mumbai ITAT upholds deletion of ₹70 lakh under Section 69, ruling that uncorroborated WhatsApp scribbles from a third party cannot establish unexplained cash income.

Faulty Chronology of Notices Vitiates Appellate Order

December 30, 2025 219 Views 0 comment Print

he tribunal held that an appellate order based on an incorrect and reconstructed timeline of statutory notices is unsustainable. Errors in sequencing of notices strike at the root of jurisdiction and require fresh adjudication.

Redevelopment Gains Are LTCG If Rights Crystallised Earlier

December 30, 2025 510 Views 0 comment Print

ITAT Mumbai ruled that for redeveloped flats, the allotment date marks acquisition, confirming long-term capital gains eligibility under section 54, despite later possession.

Section 263 Fails Where AO Conducted Enquiry in Limited Scrutiny

December 30, 2025 417 Views 0 comment Print

The tribunal ruled that section 263 cannot be invoked merely because the Commissioner believes further enquiry was possible. Unless the order is unsustainable in law, revision on alleged inadequate enquiry is impermissible.

Reopening Notice by JAO Invalid After Faceless Scheme

December 30, 2025 513 Views 0 comment Print

Applying a liberal approach, the tribunal condoned delay in appeal filing and examined the jurisdictional defect. Since reopening was initiated by the wrong authority, the assessment could not survive.

Penalty Cannot Survive After Assessment Is Set Aside

December 30, 2025 678 Views 0 comment Print

The tribunal held that when the assessment order is remanded for de-novo adjudication, the very basis for penalty ceases to exist. Consequently, penalty proceedings under section 271(1)(c) become unsustainable.

Section 11 Exemption Allowed Despite Delay in Form 10BB

December 30, 2025 891 Views 0 comment Print

The tribunal held that delay in filing Form 10BB is only a procedural lapse and not a substantive bar to exemption. Where the audit report was available before processing, denial of section 11 exemption was unsustainable.

Society-Funded Property in Personal Name Triggers Gift Tax

December 30, 2025 399 Views 0 comment Print

The tribunal held that land registered in an individual’s name but fully paid by a society amounts to receipt of property without consideration. Such benefit is taxable as income under section 56(2)(vii).

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