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Section 80P(2)(d) Deduction Allowed- Interest from Co-op Banks Eligible, AO Directed to Delete Addition

March 18, 2026 414 Views 0 comment Print

The Tribunal held that interest earned by a co-operative society from deposits with co-operative banks qualifies for deduction under Section 80P(2)(d). It clarified that co-operative banks are also co-operative societies for this purpose.

Excess payment over net book value in amalgamation is goodwill hence eligible for depreciation u/s. 32(1)(ii)

March 18, 2026 237 Views 0 comment Print

ITAT Chennai held that the excess payment over the net book value of assets and liabilities acquired on account of amalgamation is in the nature of ‘goodwill’ and is eligible for depreciation u/s.32(1)(ii) of the Income Tax Act.

Section 54F Deduction Allowed as Multiple Flats Treated as Single Residential Unit: ITAT Mumbai

March 18, 2026 936 Views 0 comment Print

The ITAT held that revision under Section 263 cannot be invoked where the Assessing Officer has conducted detailed inquiries and adopted a plausible view. The Tribunal ruled that a mere change of opinion by the PCIT does not render the assessment order erroneous or prejudicial.

Dividend from Mutual Funds Cannot Be Treated as Bogus U/s 68 – SEBI Confirmation Consistent ITAT View Upheld

March 18, 2026 336 Views 0 comment Print

The Tribunal held that dividend received from identifiable mutual funds through banking channels cannot be treated as unexplained income. It ruled that proper documentation and traceability negate applicability of Section 68.

ITAT Delhi Set Aside TP Adjustment Due to Ignoring Internal CUP Analysis by TPO

March 18, 2026 240 Views 0 comment Print

The Tribunal held that the TPO failed to consider the assessee’s Internal CUP benchmarking despite directions from the DRP. It directed fresh examination using the correct method and excluded certain NCDs from adjustment.

Section 54 Exemption Allowed for Multiple Properties as Pre-2015 Law Permitted It: ITAT Delhi

March 18, 2026 354 Views 0 comment Print

The issue was whether exemption under Section 54 could be restricted to one property. ITAT held that prior to the 2015 amendment, multiple residential properties were eligible, and full deduction must be allowed.

Form 10B Delay Cannot Defeat Charitable Exemption When Report Filed Before Processing

March 18, 2026 891 Views 0 comment Print

The ITAT held that a 29-day delay in filing Form 10B is a procedural lapse and cannot be the sole basis for denying exemption under Sections 11 and 12. It ruled that substantial compliance and availability of the audit report before processing must be considered. The AO was directed to reassess the exemption claim accordingly.

Penalty u/s 271(1)(c) Deleted – Bona Fide Computational Errors & Voluntary Disclosure During Assessment

March 18, 2026 414 Views 0 comment Print

The Tribunal held that penalty under Section 271(1)(c) cannot be imposed where income variation arises from genuine computational mistakes. It ruled that voluntary correction during assessment indicates absence of intent to conceal income. The penalty was there-fore deleted.

Technical Dismissal by CIT(A) Set Aside – Appeal to Be Decided on Merits, Not Procedural Lapses

March 18, 2026 162 Views 0 comment Print

The Tribunal held that dismissal of appeal without clearly pointing out deficiencies and allowing correction violates natural justice. It restored the matter for fresh adjudication on merits.

Bogus Purchases – Only Profit Element Taxable @12.5% Where Sales Accepted

March 18, 2026 780 Views 0 comment Print

The Tribunal held that entire purchases cannot be disallowed when corresponding sales are accepted. It upheld restriction of addition to profit element, preventing unrealistic income computation.

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