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Calcutta HC Orders Re-evaluation of Income Tax Refund Claim Because Records Date Back Three Decades

March 2, 2026 612 Views 0 comment Print

The Court directed the PCCIT to appoint a senior officer to re-examine a refund claim where both parties lacked decades-old records. A reasoned decision must be taken to ensure any legitimate refund is not denied.

ITAT Mumbai Denied Section 80JJAA Deduction as Claim Not Made in Original Return

March 2, 2026 2355 Views 0 comment Print

ITAT Mumbai held that deduction under Section 80JJAA cannot be allowed when not claimed in the original return of income. Section 80A(5) bars such belated claims raised for the first time before appellate authorities.

Rs. 50 Lakh LIC Investment Treated as Unexplained Due to Failure to Prove HUF Source

March 2, 2026 870 Views 0 comment Print

The Tribunal upheld addition under Section 69 as the assessee failed to establish that the LIC investment belonged to the HUF. Mere assertion of agricultural income without documentary evidence was held insufficient.

Customs Confiscation Order Quashed for Failure to Issue Mandatory Section 124 SCN

March 2, 2026 996 Views 0 comment Print

The Madras High Court held that issuance of show cause notice under Section 124 of the Customs Act is mandatory before confiscation of goods. Even alleged waiver by the importer cannot override statutory and natural justice requirements.

153A Assessment Quashed Because No Incriminating Material Found in Assessee’s Search

March 2, 2026 486 Views 0 comment Print

ITAT Delhi upheld CIT(A) s order holding that reassessment under Section 153A cannot stand without incriminating material seized from the assessee. The Revenue’s appeal was dismissed.

Benami Attachment Set Aside as Verification Fails to Link Jewellery to Alleged Beneficial Owner

March 2, 2026 378 Views 0 comment Print

The Tribunal quashed the attachment after verification showed only four items matched the alleged seller and no material established benami holding. The provisional attachment under PBPTA was held unsustainable.

Interest Under Section 28 of Land Acquisition Act Not Taxable as ‘Other Sources’: ITAT Delhi

March 2, 2026 1401 Views 0 comment Print

ITAT Delhi held that interest awarded under Section 28 is an accretion to compensation and cannot be taxed as income from other sources. The appeal was allowed following Supreme Court precedent.

Section 9 IBC Petition Revived Because Post-Section 10A Defaults Exceeded ₹1 Crore Threshold

March 2, 2026 393 Views 0 comment Print

NCLAT held that invoices with default dates beyond the Section 10A period cannot be barred under the COVID suspension provision. The ₹2.36 crore claim was restored for fresh consideration.

ITAT Allows Project Completion Method Because AO Failed to Invoke Section 145(3)

March 1, 2026 915 Views 0 comment Print

Tribunal held that rejection of the Project Completion Method was invalid as the Assessing Officer did not record satisfaction under section 145(3). Income was directed to be recomputed under the method consistently followed by the assessee.

ITAT Allows Software Expenses as Revenue Because Licences Were Short-Term and Non-Exclusive

March 1, 2026 1146 Views 0 comment Print

Tribunal held that application software licences with limited duration and no ownership rights are revenue expenditure. It deleted the disallowance and ruled that remand by the Commissioner (Appeals) was unjustified.

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