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Judiciary

Section 263 Invalid Where AO Adopted Plausible Section 80P View

January 28, 2026 339 Views 0 comment Print

The issue was whether revision under Section 263 was valid when the AO allowed Section 80P deduction after enquiry. The tribunal held that a plausible and correct view cannot be revised.

CBEC Data Mismatch Cannot Justify Addition Without Enquiry: ITAT Delhi

January 28, 2026 498 Views 0 comment Print

The case examined whether customer advances reported in service tax returns constituted taxable revenue. The Tribunal ruled that revenue accrues only on execution of conveyance deeds, and advances cannot be treated as under-reported turnover.

Final Assessment Orders under DRP Route Quashed as Time-Barred: ITAT Delhi

January 28, 2026 990 Views 0 comment Print

The issue was whether final assessment orders passed under the DRP route exceeded statutory time limits. The tribunal held that assessments beyond Section 144C read with Section 153 are void for limitation.

Wrong Starting Point for Section 153C Renders Assessment Time-Barred

January 28, 2026 402 Views 0 comment Print

The dispute concerned the correct terminal point for computing six assessment years under section 153C. The Tribunal held that using the search date instead of the satisfaction date vitiated the entire assessment.

ITAT Mumbai Quashed Section 263 as Issue Involved Only Inadequate Enquiry

January 28, 2026 471 Views 0 comment Print

The Tribunal held that revision under section 263 is invalid where the Assessing Officer has already conducted enquiries and taken a conscious view. Mere inadequacy of enquiry does not justify revision.

Cash Withdrawals from Disclosed Bank Accounts Not Unexplained: ITAT Mumbai

January 28, 2026 738 Views 0 comment Print

The Tribunal held that cash withdrawn from disclosed bank accounts and duly recorded in books cannot be treated as unexplained money merely due to doubts on utilisation, in the absence of adverse evidence.

CIT(A) Cannot Bypass Jurisdictional Grounds by Simple Remand: ITAT Amritsar

January 28, 2026 378 Views 0 comment Print

The issue was whether the appellate authority could bypass jurisdictional objections by remanding the case. The tribunal held that legal grounds striking at jurisdiction must be adjudicated first.

Bogus Purchases Cannot Be Added u/s 69C When Source of Expenditure Is Explained

January 28, 2026 4173 Views 0 comment Print

The dispute arose from purchases made from vendors with weak tax profiles. The Tribunal held that vendor defaults do not justify section 69C when the assessee proves the source and recording of expenditure.

Repaid Loan with TDS-Proved Interest Cannot Be Treated as Unexplained Cash Credit: ITAT Indore

January 28, 2026 783 Views 0 comment Print

The Assessing Officer accepted multiple loan transactions but treated only one as unexplained. The tribunal held that selective rejection without consistent reasoning was unsustainable.

No Double Taxation of Same Rental Receipt: ITAT Mumbai Directs Deletion of Duplicate Addition on CNIL Licence Fee

January 28, 2026 267 Views 0 comment Print

The Tribunal confirmed that licence fees for use of immovable property fall under house property income. It emphasized that once included in computation, the same amount cannot be added again.

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