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Section 69C Addition Set Aside-ITAT Orders Probe Where Third-Party Credit Card Use Alleged

April 1, 2026 603 Views 0 comment Print

ITAT examined addition under Section 69C for unexplained credit card payments made by the assessee. The Tribunal remanded the matter to the AO for proper verification, emphasizing the need for independent inquiry before confirming additions.

Section 12AB & 80G Registration Cannot Be Denied for No Irrevocability Clause: ITAT Mumbai

April 1, 2026 492 Views 0 comment Print

ITAT held that absence of an explicit irrevocability or dissolution clause is not a valid ground to deny registration under Section 12AB. The ruling directs grant of registration and consequential 80G approval.

No Shares, No Dividend-ITAT Holds Mandatory Transfer to Govt Not Liable for DDT

April 1, 2026 288 Views 0 comment Print

ITAT held that statutory transfer of funds to the government is not dividend under Section 2(22). Hence, dividend distribution tax under Section 115-O is not applicable.

Wrong Approval Authority = Entire Reassessment Void; ITAT Quashes 148 Proceedings

April 1, 2026 651 Views 0 comment Print

ITAT held reassessment invalid due to approval taken from an incorrect authority under Section 151. The ruling confirms that improper sanction makes the entire proceeding void ab initio.

Technical Dismissal Upheld but ITAT Orders Fresh Review After 26AS Correction

April 1, 2026 381 Views 0 comment Print

The Tribunal upheld dismissal of appeal for non-payment of tax under Section 249(4)(b). However, it remanded the case after finding that the addition based on Form 26AS may be incorrect.

No Building Approval, No 12AB-Yet ITAT Grants Fresh Chance Due to Short Compliance Window

April 1, 2026 2088 Views 0 comment Print

The Tribunal noted that registration was denied due to failure to submit building and safety approvals. It remanded the matter, holding that a fair opportunity must be given before rejecting charitable registration.

ESOP Discount Allowable as Business Expenditure; ITAT Follows Karnataka HC, Revenue Appeal Dismissed

April 1, 2026 429 Views 0 comment Print

The Tribunal upheld that ESOP discount is a valid business expense under Section 37(1), rejecting the view that it is notional or capital. The key takeaway is that ESOP costs are allowable as employee compensation.

Updated Return During Scrutiny Invalid; ITAT Grants Relief Only for Limited Verification

April 1, 2026 639 Views 0 comment Print

The Tribunal held that updated returns filed during ongoing assessment proceedings are not valid under Section 139(8A). The key takeaway is that taxpayers cannot correct returns once scrutiny has begun, though limited relief may still be granted.

Section 50C Not Applicable to Stock-in-Trade? ITAT Remands for Fresh Verification

March 31, 2026 447 Views 0 comment Print

The Tribunal held that Section 50C may not apply if properties are held as stock-in-trade. It remanded the case to verify whether transactions were part of real estate business.

Time-Barred Assessment Order – ITAT Bangalore Strikes Down TP Addition

March 31, 2026 618 Views 0 comment Print

The Tribunal held that the final assessment order passed after the prescribed time limit is invalid. It ruled that limitation begins from the date DRP directions are uploaded on the ITBA portal.

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