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Judiciary

Section 263 Invoked for Failure to Verify Source of Cash Deposits

December 21, 2025 294 Views 0 comment Print

The Tribunal upheld revision after finding that the Assessing Officer accepted explanations without proper verification. The ruling stresses that insufficient enquiry can justify action under Section 263.

Registration Under U/s 12AB Cannot Be Denied Without Examining Trust Activities

December 21, 2025 195 Views 0 comment Print

The ITAT held that denying registration without adequate opportunity is invalid. Authorities must fairly examine replies and documents before rejection.

Long-Term Capital Loss Allowed on Tranche-Wise Share Analysis

December 21, 2025 174 Views 0 comment Print

The dispute concerned computation of capital gains on sale of shares affected by corporate actions. The Tribunal affirmed that detailed tranche-wise analysis and statutory indexation justified allowance of long-term capital loss.

Final Assessment Set Aside Due to Limitation Breach After Invalid TP Order

December 21, 2025 360 Views 0 comment Print

The Tribunal held that a transfer pricing order passed beyond statutory limitation is non est in law. As a result, the assessee ceased to be an eligible assessee under section 144C, making the final assessment beyond limitation and void.

Rejection of Books Not Enough to Sustain Section 271A Penalty

December 21, 2025 513 Views 0 comment Print

The Tribunal deleted a penalty imposed for alleged non-maintenance of accounts. It held that audited books, even if defective, do not attract penalty under Section 271A.

Penalty Quashed Due to Vague 271(1)(c) Notice Without Specifying Charge

December 21, 2025 318 Views 0 comment Print

The issue was whether a penalty could survive when the notice failed to specify the exact limb of section 271(1)(c). The ITAT held such ambiguity fatal, quashing the entire penalty as void.

Final Assessment Quashed for Missing One-Month DRP Deadline

December 21, 2025 477 Views 0 comment Print

The issue was whether the final order was passed within the statutory timeline after DRP directions. The Tribunal held that delay beyond one month under section 144C(13) renders the order void.

Loss-Making Co-operative Society Not Liable on Bank Deposits

December 21, 2025 267 Views 0 comment Print

The dispute involved taxing deposits despite a declared loss. The Tribunal held that when accounts show a loss, blanket addition of deposits is unsustainable.

Section 12A Order Set Aside Due to Breach of Natural Justice

December 21, 2025 225 Views 0 comment Print

The High Court held that denying continuation of registration by relying on an undisclosed investigation report violates natural justice. Since the trust was not given access to the material used against it, the order was set aside and remanded.

Reassessment Quashed for Wrong Sanction Under Section 151

December 21, 2025 519 Views 0 comment Print

The Tribunal held that reassessment issued beyond three years requires approval from the PCCIT and not the PCIT. Since sanction was obtained from an incompetent authority, the entire reassessment was held void ab initio.

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