Follow Us:

Judiciary

CPC Cannot Treat Form 3CD Entries as Final Without Verification

January 17, 2026 855 Views 0 comment Print

The tribunal held that adjustments made under section 143(1) solely on Form 3CD disclosures are not conclusive. Matters involving contingent liabilities and factual disputes must be verified by the Assessing Officer.

Wrong Valuation Report Leads to Capital Gains Addition

January 17, 2026 861 Views 0 comment Print

Capital gains were computed without allowing improvement costs due to submission of an incorrect valuation report. The Tribunal held that a bona fide mistake justified reconsideration with correct evidence.

Partners’ Remuneration Disallowance Set Aside Due to ITR Error

January 17, 2026 702 Views 0 comment Print

The tribunal held that a legitimate deduction cannot be denied merely due to an inadvertent reporting mistake in the return. The matter was remanded to verify facts and allow the deduction if otherwise admissible.

Delay Excused Where Notices Never Reached the Assessee

January 17, 2026 450 Views 0 comment Print

The core issue was whether lack of knowledge of proceedings justified late appeals. The Tribunal held that notices sent to an inaccessible email amounted to sufficient cause. The decision emphasizes procedural fairness.

Time-Barred 12AB Cancellation Appeal Thrown Out

January 17, 2026 747 Views 0 comment Print

The tribunal dismissed the appeal as time-barred because no condonation petition was filed. Delay without explanation renders the appeal non-maintainable.

Housing Loan Interest Dispute Sent Back for Verification

January 17, 2026 438 Views 0 comment Print

The case examined whether interest beyond Section 24 limits could be claimed when loan funds were temporarily used elsewhere. The Tribunal ruled that authorities must verify real deployment of funds before disallowance.

Section 263 Invoked for Lack of Inquiry into Exceptional Items

January 17, 2026 405 Views 0 comment Print

The dispute centered on whether omission to verify exceptional items prejudices revenue. The Tribunal upheld revision, emphasizing Explanation 2 to section 263. The ruling reinforces that absence of inquiry itself is sufficient ground for revision.

Section 143(2) – Validity in Set-Aside Reassessment Proceedings and Effect of Non-Verification of Return of Income

January 17, 2026 2364 Views 0 comment Print

The Court ruled that omission to issue Section 143(2) vitiates reassessment at the root. Such a defect cannot be cured, even if the return is alleged to be defective.

Delhi HC judgment regarding Nil Withholding Certificates under Section 197

January 17, 2026 717 Views 0 comment Print

The Court held that Section 197 applications cannot be rejected mechanically to “protect revenue.” Mandatory factors under Rule 28AA, including past assessments and liabilities, must be examined before directing withholding.

Post-Checkmate Law: Late PF/ESI Deposits Mandate Disallowance

January 17, 2026 1161 Views 0 comment Print

The tribunal upheld disallowance of employees’ PF and ESI contributions paid after statutory due dates. Following the Supreme Court’s Checkmate ruling, delayed deposits are deemed income and not deductible.

Search Post by Date
June 2026
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
2930