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Judiciary

ITAT Mumbai: Interest from Co-Operative Banks Eligible U/s 80P(2)(d)-Consistency Principle Applied

April 13, 2026 288 Views 0 comment Print

The Tribunal held that interest earned from deposits with co-operative banks is eligible for deduction under Section 80P(2)(d). It clarified that co-operative banks are treated as co-operative societies for this purpose.

Limitation doesn’t apply as appropriation during pendency of appeal is payment of Excise duty under protest

April 13, 2026 351 Views 0 comment Print

Madras High Court held that appropriation of refund made during pendency of an appeal is construed as payment of duty under protest and hence period of limitation doesn’t apply in such case. Accordingly, appeal stand allowed and order is set aside.

ITAT Mumbai: Reopening Beyond 3 Years Invalid Where Escaped Income below ₹50L-Notice u/s 148 Quashed

April 13, 2026 405 Views 0 comment Print

ITAT Mumbai quashes reopening beyond 3 years where escaped income is below ₹50 lakh, holding notice under Section 148 time-barred and invalid, thereby deleting consequential addition.

1394-Day Delay Due to Spiritual Jain Diksha of Counsel – Appellant Gets Conditional Relief with Cost

April 13, 2026 1335 Views 0 comment Print

The issue was whether an excessive delay in filing appeals could be condoned. The Tribunal allowed condonation but imposed costs, balancing justice with procedural discipline.

ITAT Mumbai: Vague Purpose in Form 10 Can Jeopardize Sec 11(2) Claim-Matter Remanded for Verification

April 13, 2026 243 Views 0 comment Print

ITAT Mumbai holds that vague purpose in Form 10 can deny Sec 11(2) exemption, remanding case for verification of actual utilization and allowing assessee to substantiate specific charitable purpose.

ITAT Mumbai: Redevelopment Hardship Compensation is Capital Receipt-Addition Deleted for Double Taxation

April 13, 2026 390 Views 0 comment Print

ITAT Mumbai rules redevelopment hardship compensation as capital receipt and deletes addition due to double taxation, granting relief where income was already taxed proportionately in later years.

ITAT Mumbai: Depreciation on Trademark Allowed-AO Cannot Revisit Claim in Subsequent Years

April 13, 2026 192 Views 0 comment Print

ITAT held that once depreciation is allowed after scrutiny in the first year, it cannot be disallowed subsequently without fresh facts. The AO cannot revisit the same issue repeatedly. The key takeaway is that consistency must be maintained in tax assessments.

ITAT Mumbai: Delay in Filing Form 67 Not Fatal-Foreign Tax Credit Cannot Be Denied on Technical Grounds

April 13, 2026 336 Views 0 comment Print

The Tribunal emphasized that procedural lapses should not defeat substantive tax relief. It held that Form 67 filed during rectification proceedings is valid compliance, allowing reconsideration of FTC claim.

ITAT Mumbai: BSNL VRS Compensation is Capital Receipt-Exempt u/s 10(10B); Delay Condoned

April 13, 2026 1494 Views 0 comment Print

The Tribunal condoned a 1394-day delay, prioritizing substantial justice over procedural lapses. It ruled that BSNL VRS compensation qualifies as exempt retrenchment compensation under Section 10(10B), allowing full tax relief and refund.

ITAT Mumbai: Reopening Invalid Without Proper Sanction-Entire Assessment Quashed

April 13, 2026 681 Views 0 comment Print

ITAT Mumbai quashed reassessment as approval under Section 151 was obtained from the wrong authority. Notice under Section 148 held invalid, making entire proceedings void ab initio.

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