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ITAT Mumbai

Sec 80P(2)(d) Allowed on Interest from Co-op Bank – ITAT Follows Settled View

March 19, 2026 399 Views 0 comment Print

ITAT held that interest earned by a co-operative society from deposits with a co-operative bank qualifies for deduction under Section 80P(2)(d). It ruled that such income remains eligible despite Section 80P(4), and addition made by CPC was deleted.

Form 10B Delay Condoned – Exemption U/s 11 Cannot Be Denied for Procedural Lapse

March 19, 2026 1020 Views 0 comment Print

ITAT held that delay in filing Form 10B is only a procedural lapse and not fatal to exemption. It ruled that exemption under Section 11 cannot be denied where audit report is eventually filed.

₹12.54 Cr Spouse Gift to Shilpa Shetty: Sec 68 Addition Set Aside, Remanded

March 18, 2026 1368 Views 0 comment Print

ITAT set aside the addition made under Section 68 due to incomplete verification of a large gift transaction. It remanded the case for fresh examination with proper evidence and opportunity.

Reopening Quashed: Non-Compliance with GKN Driveshafts Procedure Vitiates Entire Assessment

March 18, 2026 342 Views 0 comment Print

The case addressed whether reassessment can proceed before disposing of objections. The Tribunal ruled that such action breaches mandatory legal procedure, leading to quashing of the assessment.

Bad Debts Allowed on Write-off, 26AS Mismatch Cannot Trigger Addition: ITAT Dismisses Revenue Appeal

March 18, 2026 750 Views 0 comment Print

The Revenue challenged allowance of bad debts due to lack of NCLT evidence. The Tribunal held that post-amendment law requires only write-off in books, not proof of irrecoverability. The ruling reinforces that accounting write-off alone is sufficient for deduction.

Sec 154 Cannot Be Used to Deny Sec 11 Exemption on Form 10B Delay – ITAT Restores Benefit

March 18, 2026 282 Views 0 comment Print

ITAT held that exemption under Section 11 cannot be denied via rectification under Section 154 for alleged delay in filing Form 10B. The issue involved disputed facts and prior acceptance, making Section 154 invocation invalid.

Interest U/s 220(2) to be Recomputed After Rectification – Not From Rectification Date

March 18, 2026 687 Views 0 comment Print

ITAT held that interest under Section 220(2) must be recomputed based on reduced assessed income after rectification under Section 154. However, it clarified that interest will still run from the original demand date.

Sec 68 Addition Set Aside – Documentary Evidence Accepted; Matter Remanded for Loan Repayment Verification

March 18, 2026 243 Views 0 comment Print

Tribunal set aside addition as the assessee established genuineness of loans through documentary evidence. However, it remanded the case to verify whether loans were repaid.

Penalty U/s 271(1)(c) Deleted Due to Defective Notice – No Specific Charge Mentioned

March 18, 2026 246 Views 0 comment Print

Dazzler Confectionery Company Vs ITO (ITAT Mumbai) Penalty u/s 271(1)(c) Deleted Due to Defective Notice – No Specific Charge Mentioned AO levied penalty of ₹44.79 lakh u/s 271(1)(c) on disallowances relating to pre-operative expenses & 35D deduction. Penalty notice u/s 274 was issued using “concealment OR furnishing inaccurate particulars” without specifying the exact charge. Assessee […]

Sec 54 Benefit Upheld – Investment Within Time Sufficient, Possession Delay Not Fatal

March 18, 2026 714 Views 0 comment Print

The Tribunal clarified that possession is not a mandatory condition for claiming Section 54 exemption. It held that investment within the prescribed timeline satisfies the legal requirement.

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