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Post-Search, AO Cannot Use Section 147 – Reassessment Quashed as Void

March 31, 2026 750 Views 0 comment Print

The issue was whether reassessment under Section 147 is valid after a search. The ITAT held it invalid, ruling that only Section 153A applies post-search, making the reassessment void.

Delay in Form 10AB Not Fatal – ITAT Favors Substantive Justice in U/s 80G Approval

March 31, 2026 684 Views 0 comment Print

The Tribunal held that delay in filing Form 10AB cannot alone justify rejection of 80G approval. It directed reconsideration on merits, emphasizing genuine charitable activity over procedural lapses.

Invalid 143(2) Notice by Wrong Officer Nullifies Entire Assessment

March 31, 2026 672 Views 0 comment Print

The Tribunal held that a notice under Section 143(2) issued by an unauthorized officer renders the entire assessment invalid. It ruled that jurisdictional defects cannot be cured and quashed the assessment.

Miss the Due Date, Miss U/s 80P: No Second Chances-Late Return, No Relief: U/s 80P Strictly Time-Barred- Karnataka HC

March 31, 2026 900 Views 0 comment Print

The court held that deduction under Section 80P cannot be granted where no return of income is filed. The key takeaway is that claiming deduction in a valid return is mandatory.

Bogus Purchases: Only Profit Element Taxable – ITAT Reworks Addition Based on Industry Margins

March 31, 2026 1164 Views 0 comment Print

The Income Tax Appellate Tribunal held that entire bogus purchases cannot be added when sales are accepted. The only the profit element embedded in such purchases is taxable.

No PMLA Attachment Without Proven Money Trail – Tribunal Quashes ₹23.85 Cr Attachment

March 31, 2026 2364 Views 0 comment Print

The Appellate Tribunal under SAFEMA held that attachment under PMLA cannot stand without evidence showing flow of tainted funds. The key takeaway is that mere suspicion or indirect linkage is insufficient to sustain attachment.

No Second Bite at the Cherry: SC Bars Execution After Abandoning Title Challenge

March 31, 2026 390 Views 0 comment Print

The Supreme Court of India held that parties cannot enforce rights in execution after abandoning earlier suits on the same issue. The key takeaway is that non-prosecution of prior claims can bar relief even if res judicata does not apply.

Brought Into Firm, No Conveyance Needed- Registration Not Mandatory: Firm Ownership Prevails

March 31, 2026 978 Views 0 comment Print

The Karnataka High Court held that property contributed as capital to a partnership becomes firm property. The individual or family rights cannot be claimed once ownership is transferred to the firm.

Section 263 Cannot Override DRP: ITAT Mumbai Quashes Revision

March 30, 2026 393 Views 0 comment Print

The Tribunal held that an assessment order passed in compliance with DRP directions cannot be revised under Section 263. It clarified that such orders are not erroneous as the Assessing Officer is bound by DRP’s binding instructions.

On-Money Additions Collapse: ITAT Deletes Sec 69 Additions Based on Third-Party Pen Drive

March 30, 2026 798 Views 0 comment Print

The Tribunal ruled that additions under Section 69 cannot be sustained when based solely on third-party statements and unverified electronic data. It emphasized the absence of independent evidence and upheld the taxpayers denial of cash payments.

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