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Section 263 Quashed as AO Examined LTCG Exemption for Insurers

January 8, 2026 276 Views 0 comment Print

The issue was whether revision could be invoked for allowing LTCG exemption on sale of investments. The Tribunal held that since the Assessing Officer examined the claim, the order was not erroneous or prejudicial.

Gold Jewellery Seized u/s 132A Held Explained – Addition u/s 69 r.w.s. 115BBE Deleted

January 8, 2026 429 Views 0 comment Print

The tribunal examined whether gold jewellery seized during police interception could be taxed as unexplained solely based on a statement recorded under enquiry. It held that additions fail where later evidence shows the assessment relied on weak corroboration and inconsistent reasoning.

ITAT Mumbai Quashed Section 263 revision as AO Took Plausible View on Deductions

January 8, 2026 462 Views 0 comment Print

The issue was whether revision under section 263 was valid for multiple expense claims. The Tribunal held that since the Assessing Officer had examined issues and adopted a plausible view, revision was unsustainable.

Employee Welfare Trust Not Liable to Highest Surcharge Rate: ITAT Mumbai

January 8, 2026 951 Views 0 comment Print

The case examined the correct tax rate for a trust formed exclusively for employees’ benefit. The Tribunal held that such trusts are taxable at normal AOP rates under section 164(1)(iv).

Reimbursement Transactions Remanded for De Novo TP Examination

January 8, 2026 336 Views 0 comment Print

The dispute concerned whether reimbursements from an associated enterprise justified a transfer pricing adjustment using the profit split method. The Tribunal set aside the adjustment, directing a fresh FAR analysis before determining ALP.

Long Appeal Delay Condoned Due to Bona Fide Pursuit of Rectification

January 8, 2026 663 Views 0 comment Print

Appeals were dismissed earlier as time-barred despite sustained efforts by the assessee through grievances. The Tribunal ruled that absence of negligence and bona fide conduct warranted condonation of long delay.

Income Estimation in Circular Trading Fails Without Incriminating Evidence

January 8, 2026 513 Views 0 comment Print

The Tribunal rejected estimated additions based on alleged circular trading due to lack of seized material or cash trail. The key takeaway is that suspicion and presumptions cannot replace evidence in search assessments.

Retired Employees Protected From Unauthorized Recovery Orders: SC

January 7, 2026 1017 Views 0 comment Print

The Supreme Court ruled that departmental proceedings initiated after superannuation were invalid due to absence of an enabling provision in service regulations. The key takeaway is that disciplinary jurisdiction ends at retirement unless expressly preserved by law.

Aluminium Shelves Classifiable as Structures Because They Lack Mechanical Function: SC

January 7, 2026 717 Views 0 comment Print

The issue was whether mushroom-growing shelves could be classified based on their agricultural end use. The Court held that end use is irrelevant unless the tariff heading expressly permits it. Classification must follow the condition and nature of goods at the time of import.

Section 21 Notice Only Fixes Limitation, Not Arbitral Jurisdiction: SC

January 7, 2026 1023 Views 0 comment Print

The Supreme Court held that failure to issue a Section 21 notice does not invalidate arbitration where parties intended to arbitrate all disputes. The ruling clarifies that Section 21 is procedural, not jurisdictional.

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