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Late Form 10B Filing Not Fatal—ITAT Allows Exemption if Audit Report Filed Before Processing

April 10, 2026 618 Views 0 comment Print

The issue involved wrong filing of Form 10BB instead of 10B. The tribunal held that correction before processing cures the defect. This ensures that genuine claims are not denied on technical grounds.

Wrong Invocation of Section 153C- ITAT Quashes Assessments Where Assessee Was Himself Searched

April 10, 2026 522 Views 0 comment Print

The issue was whether Section 153C could apply when the assessees own premises were searched. The tribunal held that such a person is a searched person, making Section 153A applicable instead. Consequently, assessments under Section 153C were quashed for multiple years.

ITAT Limits Its Directions – Excludes Comparables Due to Improper Remand to DRP

April 10, 2026 525 Views 0 comment Print

The issue concerned failure to follow tribunal remand directions on comparables. The ruling held that such non-compliance caused procedural irregularity, leading to exclusion of certain comparables and recomputation of ALP.

Fresh U/s 12AB Application Cannot Be Rejected Due to Earlier Denial – ITAT Restores Matter for Reconsideration

April 9, 2026 477 Views 0 comment Print

The issue was whether a fresh registration application can be rejected due to prior denial. ITAT held that earlier rejection does not bar reconsideration if conditions are fulfilled.

APMC Gets Full Exemption – ITAT Condones Delay & Quashes Assessments Despite PAN Error

April 9, 2026 429 Views 0 comment Print

The tribunal addressed whether delay in filing appeals due to procedural difficulties justified condonation. It held that genuine hardship caused by PAN mismatch and filing issues constituted sufficient cause, allowing the appeal.

Penalty U/s 270A Held Premature – ITAT Bangalore Restores Matter Pending Quantum Outcome

April 9, 2026 849 Views 0 comment Print

The Tribunal restored the penalty matter as the quantum addition was sent back to the AO. It held that penalty must follow the outcome of reassessment proceedings.

115BBE Amendment Not Retrospective – ITAT Chennai Restricts Tax to 30% for Pre-01.04.2017 Transactions

April 9, 2026 666 Views 0 comment Print

The Tribunal held that the higher 60% tax rate under Section 115BBE cannot apply to transactions prior to 01.04.2017. It directed application of 30%, reinforcing that amendments apply prospectively.

Debatable Issue, No Penalty – ITAT Deletes U/s 270A Penalty on Land Classification

April 6, 2026 1833 Views 0 comment Print

The issue was penalty for misreporting on sale of land classified as capital asset. The Tribunal held the issue was debatable and deleted the penalty.

Wrong Section, Wrong Valuation – ITAT Quashes Capital Gains Assessment

April 6, 2026 738 Views 0 comment Print

The dispute involved incorrect invocation of valuation provisions by the AO. The Tribunal ruled that using Section 142A instead of 55A vitiated the assessment.

Charity ≠ Commerce – ITAT Grants U/s 12AB Registration to Trust Despite Sales Activity

April 6, 2026 603 Views 0 comment Print

The issue was rejection of trust registration treating activities as commercial. The Tribunal held activities were charitable and directed grant of registration under Section 12AB.

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