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Judiciary

Section 56(2)(x) Addition Deleted as Demerger Was Tax-Neutral

January 19, 2026 1812 Views 0 comment Print

The Tribunal held that assets received under a compliant scheme of demerger cannot be taxed under Section 56(2)(x). Transactions covered by Section 47 exemptions fall outside the scope of deemed income.

ITAT Delhi Upholds Deletion of Section 68/69C Additions on Demonetisation Cash Sales Evidence

January 19, 2026 1185 Views 0 comment Print

The Tribunal upheld deletion of additions where cash sales during demonetisation were backed by invoices, VAT payments, and statutory records. Statistical suspicion alone cannot override credible primary evidence.

Defective Penalty Notice Invalidates Section 271(1)(c) Penalty: ITAT Delhi

January 19, 2026 1899 Views 0 comment Print

The Tribunal held that a penalty notice which does not specify the exact charge is invalid. Failure to strike off the irrelevant limb shows non-application of mind and vitiates penalty proceedings.

ITAT Mumbai Upholds 8% Presumptive Income on Demonetisation Cash Deposits

January 19, 2026 399 Views 0 comment Print

The dispute involved taxability of large cash deposits made during demonetisation. The appellate authority granted relief for deposits in regular notes while sustaining the balance as unexplained income. The Tribunal upheld this approach, finding it consistent with law and facts.

Section 153C Assessments Beyond Six-Year Block Invalid: ITAT Delhi

January 19, 2026 345 Views 0 comment Print

The Tribunal held that assessments beyond the permissible six-year block under section 153C are invalid. Proceedings were quashed as the relevant years fell outside the statutory limitation.

Belated Return Not a Bar to Section 115BAA Concessional Tax: ITAT Mumbai

January 19, 2026 435 Views 0 comment Print

The issue was whether a late return under section 139(4) bars the concessional 22% tax regime. The Tribunal held that timely filing of Form 10IC is sufficient and the benefit cannot be denied on technical grounds.

ITAT Chandigarh Sets Aside Best-Judgment Order Treating Agricultural Income as Other Sources

January 19, 2026 249 Views 0 comment Print

Agricultural income was taxed as other income in a best judgment assessment due to non-compliance. The Tribunal restored the matter for fresh assessment to ensure a fair hearing. 

Section 40A(3) Disallowance Fails Without Proof of Split Cash: ITAT Chennai

January 19, 2026 333 Views 0 comment Print

The Tribunal held that disallowance under section 40A(3) cannot be made on assumptions of split payments. In the absence of evidence showing lump-sum cash payments exceeding the statutory limit, the addition was deleted.

Wrong Clause in Form 10AB Is a Curable Technical Defect: ITAT Restores 12AB Registration

January 19, 2026 333 Views 0 comment Print

The Tribunal held that selecting an incorrect clause in Form 10AB is a technical defect. Charitable registration cannot be denied when all substantive requirements are satisfied.

Existing Trust Not Hit by 6-Month Rule: ITAT Mumbai Revives 12AB & 80G Applications

January 19, 2026 957 Views 0 comment Print

The Tribunal held that the six-month timeline under section 12A(1)(ac)(iii) does not apply to existing trusts. Final registration cannot be rejected merely on alleged delay.

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