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Judiciary

Wrong Sanction Under Section 151 Makes Reassessment Void Ab Initio

December 19, 2025 582 Views 1 comment Print

The ITAT held that reassessment issued after three years is void if approval is taken from an incompetent authority. Wrong sanction under section 151 renders the entire reopening unsustainable in law.

Pure Legal Grounds Allowed to Quash Time-Barred U/s 153C Assessments

December 19, 2025 354 Views 0 comment Print

The ITAT held that undated satisfaction notes defeat jurisdiction under section 153C. In such cases, limitation must be computed from the notice date, making assessments beyond the block period void.

Janmashtami Donations Not Business Income; ITAT Restores Section 11 Exemption to Religious Trust

December 19, 2025 276 Views 0 comment Print

The ITAT ruled that acknowledging donors at religious events does not amount to commercial advertising. Voluntary donations used for religious purposes retain exemption under section 11 despite name displays.

Depreciation Claim Remanded Due to Missing WDV Computation

December 19, 2025 210 Views 0 comment Print

The issue concerned denial of depreciation for want of year-wise details and WDV computation. The Tribunal held that the claim requires fresh examination and remanded the matter for de novo assessment.

Section 153A Has Limits: No Seized Material, No Fresh Additions

December 19, 2025 408 Views 0 comment Print

The ITAT held that additions under section 153A for unabated years require incriminating material found during search. Suspicion, past records or third-party allegations cannot substitute seized evidence.

Bona Fide Limitation Misconception Accepted: 138-Day Delay Issue Sent Back to CIT(A)

December 19, 2025 189 Views 0 comment Print

The issue was dismissal of an appeal for delay without examining merits. The Tribunal held that a bona fide misunderstanding of limitation can justify condonation and remanded the matter for fresh adjudication.

Warranty Provision Allowed Despite Large Opening Balance: ITAT Delhi

December 19, 2025 378 Views 0 comment Print

The ITAT held that warranty provisions based on past experience are deductible even if a sizeable opening balance exists. Estimated future obligations from past sales qualify as allowable business expenditure.

Appeals Restored After Delay Condoned Due to Consultant Lapse

December 19, 2025 261 Views 0 comment Print

The issue was whether appeals dismissed as time-barred should be revived when delay was caused by a tax consultant. The Tribunal condoned the delay and restored the cases for merits-based adjudication.

No Independent Enquiry, No Addition: ITAT Sets Aside ₹5.50 Lakh u/s 69A

December 19, 2025 720 Views 0 comment Print

The ITAT ruled that section 69A cannot be invoked unless ownership of cash is established. Mere third-party seized ledgers without recovery of money are insufficient to sustain an addition.

Fake Degree Scam: Personal Properties Upheld as Proceeds of Crime by SAFEMA

December 19, 2025 498 Views 0 comment Print

The Tribunal confirmed that personal and university-linked assets of accused in a massive fake degree fraud are liable to attachment under PMLA, emphasizing that illicit proceeds include property acquired through fraudulent schemes.

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