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ITAT Delhi

Belated Form 10 Filing Cannot Deny Section 11(2) Exemption

December 31, 2025 531 Views 0 comment Print

The exemption was rejected only due to delayed electronic filing of Form 10. The Tribunal ruled that procedural delay cannot override substantive compliance made before assessment completion.

TDS on HUDA EDC Payments Upheld Due to Section 194C Applicability

December 30, 2025 645 Views 0 comment Print

The issue was whether External Development Charges paid to a statutory authority attract TDS. The Tribunal held that such payments are subject to section 194C, following binding High Court precedent.

Exemption Allowed Because Auditorium Hiring Was Incidental to Charity

December 30, 2025 351 Views 0 comment Print

The issue was whether renting out an auditorium made a theatre trust commercial in nature. The Tribunal held that such receipts did not defeat charitable status and upheld ex-emption under sections 11 and 12.

Charitable Status Denied Because Activities Were Commercial in Nature

December 30, 2025 429 Views 0 comment Print

The issue was whether software development and start-up consultancy could qualify as charitable purposes. The Tribunal held that such activities are commercial in nature and do not fall under section 2(15), justifying denial of registration.

Reassessment Quashed for Non-Service of Notice: ITAT Delhi Strikes Down Jurisdictional Lapse

December 30, 2025 405 Views 0 comment Print

The issue was whether reassessment could survive when the mandatory section 148 no-tice was sent to an old address. The Tribunal held that improper service vitiates jurisdiction, rendering the entire reassessment void.

Reopening Collapses, All Other Additions Fall: ITAT Delhi Dismisses Revenue’s Appeal

December 30, 2025 465 Views 0 comment Print

The issue was whether additions could survive when the sole reason for reopening was not challenged. The ITAT held that without a valid reopening foundation, no other additions are sustainable.

Beyond Six Years, Beyond Jurisdiction: Revenue Appeal Fails u/s 153C

December 30, 2025 300 Views 0 comment Print

The ITAT ruled that reassessment under section 153C cannot extend beyond the statutory six assessment years. Jurisdiction assumed outside this period was held void.

Employee Not Liable for Employer’s Business Expenses

December 30, 2025 270 Views 0 comment Print

The Tribunal deleted additions holding that expenses incurred on behalf of an employer company and recorded in its books cannot be assessed in the employee’s personal assessment.

Ex-Parte Dismissal Without Merits Is Legally Unsustainable

December 30, 2025 318 Views 0 comment Print

The Tribunal held that the first appellate authority has no power to dismiss an appeal merely for non-appearance and must adjudicate issues on merits under section 250(6).

No 143(2) Notice Means No Valid Assessment, Rules ITAT

December 30, 2025 573 Views 0 comment Print

The Tribunal held that an assessment completed without issuing notice under section 143(2) is void ab initio. Non-participation by the assessee cannot cure this jurisdictional defect.

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