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Judiciary

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

February 5, 2026 288 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 1341 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 381 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 597 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 297 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 4902 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 492 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 330 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.

Section 37 Relief Granted Because Payment Was Not Hit by Pre-2015 CSR Bar

February 5, 2026 351 Views 0 comment Print

The ruling clarifies that CSR-related disallowance under Section 37(1) applies only from AY 2015-16 onwards. For earlier years, expenses with a business nexus remain deductible.

CBDT Jewellery Instruction Not Applicable to Bullion: ITAT Delhi Upholds Section 69A Addition

February 5, 2026 531 Views 0 comment Print

The issue was whether CBDT jewellery instructions could shield bullion found during a search from taxation. The Tribunal held that the instruction applies only to jewellery, not bullion, and upheld the Section 69A addition.

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