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ITAT Mumbai

ITAT Mumbai Condoned 182-Day Delay as Substantial Justice Prevails Over Limitation

January 6, 2026 459 Views 0 comment Print

The Tribunal held that a bona fide delay caused by genuine circumstances deserves condonation. The key takeaway is that technical limitation cannot override substantive justice.

Deduction Disallowance Remanded Because Net Impact Was Nil

January 5, 2026 207 Views 0 comment Print

The issue concerned a large Schedule BP deduction disallowed under section 37. The Tribunal held that prima facie the amounts were both added and allowed in the return, warranting fresh verification by the Assessing Officer.

12AB Registration Restored Due to Denial of Proper Hearing

January 5, 2026 519 Views 0 comment Print

The issue was rejection of charitable registration for alleged non-compliance. The Tribunal held that an ex parte rejection without adequate opportunity warrants remand for fresh consideration.

Demonetisation Cash Deposit Addition Quashed for Recorded Sales Evidence

January 5, 2026 507 Views 0 comment Print

The issue was whether cash deposits during demonetisation could be taxed as unexplained. The Tribunal held that when sales are recorded in books, audited, and reflected in VAT returns, section 68 cannot be invoked on mere probability.

Reassessment Upheld Because Return Was Filed on Day of Assessment

January 5, 2026 252 Views 0 comment Print

The issue was whether reassessment becomes invalid when the return is filed on the same day as the assessment order. The Tribunal held that such belated filing cannot nullify a best-judgment reassessment.

Mutual Fund Dividend Fully Exempt Because Section 115BBDA Doesn’t Apply

January 5, 2026 468 Views 0 comment Print

The issue was whether mutual fund dividend could be taxed as share dividend due to return-form limitations. The Tribunal held that section 115BBDA applies only to dividends from domestic companies, not mutual funds.

ITAT Mumbai Set Aside Order for Failure to Hear AO in Section 248 Appeal

January 5, 2026 357 Views 0 comment Print

The Tribunal remanded the case because the Commissioner (Appeals) decided a Section 248 appeal without hearing the Assessing Officer. The ruling highlights that statutory hearing requirements under Section 250 must be followed.

Penny Stock Addition Deleted for Lack of Specific Evidence

January 5, 2026 381 Views 0 comment Print

The issue was whether share sale proceeds could be taxed as unexplained based on general investigation reports. The Tribunal held that without concrete evidence linking the assessee to manipulation, additions cannot survive.

Section 263 Invoked Because Education Cess Claim Was Not Examined in Limited Scrutiny

January 5, 2026 279 Views 0 comment Print

The Tribunal upheld revision since business expenses were within limited scrutiny and education cess deduction was not verified. The key takeaway is that lack of enquiry on a covered issue makes the assessment erroneous and prejudicial to revenue.

Carry-Forward of Losses Allowed Because IBC Resolution Doesn’t Extinguish Tax Rights

January 5, 2026 894 Views 0 comment Print

The key issue was whether approval of an IBC resolution plan automatically wipes out the right to carry forward business losses. The Tribunal held that such rights survive and must be examined under the Income-tax Act, not dismissed as infructuous.

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