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Judiciary

ITAT Mumbai Allows 80IC Depreciation; Bogus Purchases Addition Restricted to 12%

February 5, 2026 273 Views 0 comment Print

Additions based on survey-time valuation of machinery were deleted as the Assessing Officer had not rejected the books of account. Prior binding orders in the same case were followed, reaffirming settled law.

Interest on Unutilised Government Grants Exempt: ITAT Ahmedabad

February 5, 2026 324 Views 0 comment Print

The Tribunal ruled that interest earned on Government grants parked under official directions cannot be divorced from the original grant. Denial of exemption was found to defeat the purpose of section 10(23C)(iiiab), leading to relief for the assessee.

DRT Cannot Ignore Binding Remand on Counter-Claim Jurisdiction: DRAT Kolkata

February 5, 2026 234 Views 0 comment Print

The tribunal held that a debt recovery tribunal cannot reject a counter-claim after a binding appellate remand. Orders bypassing affirmed appellate directions and natural justice were set aside.

Delay in Filing Form 10AB for 12AB Registration Can Be Condoned: ITAT Mumbai

February 5, 2026 1107 Views 0 comment Print

The issue was whether late filing of Form 10AB mandates rejection of registration. The Tribunal held that bona fide delay can be condoned and remanded the matter for fresh consideration.

Charitable Trust Entitled to Indexation Benefit on Capital Gains & Simultaneous Deduction u/s 11(1)(a) and 11(1A)

February 5, 2026 282 Views 0 comment Print

The tribunal held that indexed cost of acquisition must be allowed while computing LTCG of a charitable trust. Indexation under Section 48 applies even when gains are treated as application of income under Section 11(1A).

Penalty u/s 271(1)(c) Not Leviable on Estimated Addition of Profit Element in Bogus Purchases: ITAT Mumbai

February 5, 2026 486 Views 0 comment Print

The tribunal deleted penalty where the quantum addition was restricted to an estimated profit element. It held that penalty cannot survive without a clear finding of concealment.

Gujarat HC Condoned Delay in Form 10-IC Due to ITR-6 Technical Defect

February 5, 2026 246 Views 0 comment Print

The Court held that delay in filing Form 10-IC could not be rejected where the return form itself lacked a functional option field. Substantive compliance with Section 115BAA was found sufficient to grant the concessional tax rate.

General Section 125 Penalty Not Applicable Where Specific GST Late Fee Exists: Madras HC

February 5, 2026 4749 Views 0 comment Print

The Court held that once late fees are imposed for delayed filing of returns under Section 47, a general penalty under Section 125 cannot be added. The ruling clarifies the mutually exclusive application of these penalty provisions.

Section 14A Disallowance Capped at Exempt, Income Principal Loan Write-off to Wholly-Owned Subsidiary Allowed as Bad Debt: ITAT Mumbai

February 5, 2026 243 Views 0 comment Print

The Tribunal affirmed restricting Section 14A disallowance to the actual exempt income earned. It also held the Finance Act, 2022 explanation to be prospective, protecting taxpayers for earlier years.

Section 43CA Relief for Marginal Variations: ITAT Mumbai Applies 10% Tolerance Retrospectively and Orders DVO Reference

February 5, 2026 264 Views 0 comment Print

The dispute involved additions made despite small variations between agreement value and stamp duty value. The Tribunal ruled that differences within 10% are immune from Section 43CA, granting relief for genuine transactions.

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