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Judiciary

Charity Registration Denial Set Aside Due to Procedural Error, Not Merits

December 19, 2025 807 Views 0 comment Print

The ITAT held that a technical error in selecting an incorrect clause of section 12A(1)(ac) cannot justify rejection of registration. Where activities are genuine, authorities must allow rectification and decide the case on merits.

DRT Auction Purchase Still Benami When Loan Source Is Unexplained

December 19, 2025 573 Views 0 comment Print

The tribunal ruled that buying property through a court-supervised auction does not shield a transaction from benami law. Where the lender’s creditworthiness and real source of funds are unproven, provisional attachment is valid.

Reassessment Quashed for Escaped Income Below ₹50 Lakh Threshold

December 19, 2025 1152 Views 0 comment Print

The Tribunal examined whether reassessment beyond three years was valid when the assessed escaped income was only ₹13.98 lakh. It held that failure to meet the ₹50 lakh threshold under section 149(1)(b) rendered the reassessment without jurisdiction.

1918-Day Delay Condoned; No Penalty on Excess Section 54F/54B Claim

December 19, 2025 471 Views 0 comment Print

The Tribunal examined whether penalty could be levied for claiming excess deduction under sections 54F and 54B. It held that an inadvertent and promptly corrected mistake does not amount to concealment or furnishing inaccurate particulars.

Technical Delay Can’t Defeat Substantive Justice: ITAT Pune

December 19, 2025 549 Views 0 comment Print

ITAT observed that non-deliberate delay caused by administrative difficulties should not bar access to justice. Relying on Supreme Court precedents, the appeal was revived for merit-based adjudication.

Seller’s Settlement Admission Can’t Implicate Buyer: On-Money Addition Deleted

December 19, 2025 558 Views 0 comment Print

ITAT held that on-money admitted by a seller before the Settlement Commission cannot be presumed against the purchaser without independent evidence. In absence of any seized material or proof of cash payment, the addition u/s 69 was deleted.

Bona Fide Mutuality Claim Bars U/s 271(1)(c) Penalty on Bank Interest

December 19, 2025 447 Views 0 comment Print

The dispute involved penalties on bank interest earned by a mutual entity prior to a change in law. The Tribunal held that a bona fide claim based on settled law cannot be treated as concealment, warranting deletion of penalties.

Denial of GST ITC due to non-filing of TRAN-1 not justified as form not filed due to technical glitch

December 19, 2025 702 Views 0 comment Print

Delhi High Court held that denial of benefit of Input Tax Credit [ITC] due to non-filing of TRAN-1 not justified since the form was not filed in time due to technical glitch in the GST portal or transitional creases which were ironed out subsequently. Accordingly, writ petition is allowed.

Section 12AB Registration Can’t Be Cancelled for Procedural Lapses Alone

December 19, 2025 675 Views 0 comment Print

The ITAT held that cancellation of provisional registration merely for non-compliance with notices is unsustainable when lapses are not deliberate. The case was remanded to allow the applicant a fair opportunity to establish genuineness of activities.

153C Assessment Remanded for Failure to Examine Jurisdictional Satisfaction

December 19, 2025 249 Views 0 comment Print

The case examined whether assessments under Section 153C were valid without proper recording of statutory satisfaction. The Court remanded the matter, holding that jurisdiction must be decided before examining additions on merits.

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