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ITAT Pune

Rejection of 12A Registration Set Aside for Fresh Hearing on Delay

January 9, 2026 708 Views 0 comment Print

The Tribunal found that the Commissioner must consider condonation of delay under the amended section 12A. The rejection order was therefore set aside.

Rejection of U/s 80G Approval Held Premature Due to Pending U/s 12AB

January 9, 2026 378 Views 0 comment Print

The dispute concerned denial of donor approval before finality of charitable registration. The Tribunal held that 80G approval is consequential and cannot be refused while 12AB registration is under re-examination.

Deduction Allowed as Interest from Co-operative Banks Qualifies under Section 80P

January 9, 2026 657 Views 0 comment Print

The Tribunal held that interest earned by a credit co-operative society from deposits with co-operative banks is deductible under section 80P(2)(d). The ruling follows settled law that such societies are distinct from co-operative banks.

Delay in Form 10AB Filing Held Condonable Under Section 12AB

January 9, 2026 1503 Views 0 comment Print

The Tribunal ruled that minor delay in filing Form 10AB cannot justify rejection when law permits condonation. Commissioners must examine reasonable cause instead of dismissing applications on technical grounds.

Appeal Cannot Be Dismissed Without Deciding Delay Condonation

January 8, 2026 381 Views 0 comment Print

The issue was whether an appeal can be rejected without first considering condonation of delay. The Tribunal held that dismissal without condoning delay is invalid and requires fresh adjudication.

CIT(A) Remand Invalid for Not Deciding Legal Grounds

January 8, 2026 504 Views 0 comment Print

The Tribunal ruled that appellate authorities must adjudicate each legal and factual ground raised in appeal. A mere remand to the AO without deciding jurisdictional issues violates statutory requirements.

Form 35 Defect Curable, Dismissal Without Hearing Set Aside

January 6, 2026 324 Views 0 comment Print

The appeals were rejected without examining additions made by the Assessing Officer. The Tribunal emphasized that appellate remedies cannot be defeated by procedural technicalities and restored the cases.

Religious Functions Alone Can’t Secure Charitable Registration

January 6, 2026 180 Views 0 comment Print

The issue was whether daily pooja and religious ceremonies qualify as charitable activities. ITAT held that worship-centric activities are purely religious and do not meet the statutory test for charitable registration.

CBDT Memorandum Not Conclusive Proof of Bogus Donation

January 6, 2026 381 Views 0 comment Print

The AO disallowed a weighted deduction relying only on a subsequent CBDT list. ITAT ruled that factual verification and proof of bogus donation are mandatory before denying the claim.

Third-Party Survey Alone Can’t Justify ₹17.50 Lakh Addition

January 6, 2026 423 Views 0 comment Print

The Tribunal ruled that unexplained investment additions cannot stand without concrete proof of actual investment. Mere survey information and assumptions do not shift the burden onto the taxpayer.

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