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Judiciary

Section 270A Penalty Case Remanded After Delay Condoned

January 9, 2026 477 Views 0 comment Print

Where the CIT(A) rejected the appeal only on limitation, the Tribunal intervened. It directed fresh adjudication of the penalty after condoning the 380-day delay.

Specific Performance Granted After POA Ratification Affidavit

January 9, 2026 294 Views 0 comment Print

The Supreme Court held that a subsequent affidavit ratifying acts of a power-of-attorney holder revived the agreement and reset limitation. Once ratification was admitted, refusal to execute sale entitled the buyer to specific performance.

Rejection of 12A Registration Set Aside for Fresh Hearing on Delay

January 9, 2026 915 Views 0 comment Print

The Tribunal found that the Commissioner must consider condonation of delay under the amended section 12A. The rejection order was therefore set aside.

Rejection of U/s 80G Approval Held Premature Due to Pending U/s 12AB

January 9, 2026 489 Views 0 comment Print

The dispute concerned denial of donor approval before finality of charitable registration. The Tribunal held that 80G approval is consequential and cannot be refused while 12AB registration is under re-examination.

ACB FIRs Restored; High Court’s Hyper-Technical Quash Set Aside

January 9, 2026 546 Views 0 comment Print

The Supreme Court held that quashing corruption FIRs on technical objections to police-station notification was unjustified. The key takeaway is that substance and continuity of law prevail over procedural hyper-technicalities.

Wrong Email Service Vitiates Ex-Parte Appellate Order: ITAT Bangalore

January 9, 2026 303 Views 0 comment Print

The appeal was dismissed ex-parte due to alleged non-compliance by the assessee. The ITAT found that notices were issued to the wrong email despite correct details on record and ordered de novo consideration.

Section 40 Disallowance Fails for Overseas Commission Payments

January 9, 2026 528 Views 0 comment Print

The case clarifies that commission paid to foreign agents for export facilitation abroad cannot be disallowed for non-deduction of tax. Absence of income accrual in India was decisive.

Order Giving Effect Cannot Be Challenged Directly Before ITAT

January 9, 2026 1125 Views 0 comment Print

The assessee challenged denial of Section 80P deduction in the order giving effect to the CIT(A)’s directions. The Tribunal ruled that Section 253 permits appeal only against CIT(A) orders, not against implementation orders.

Section 12AB Registration Rejected Without Hearing Set Aside

January 9, 2026 1008 Views 0 comment Print

The issue was whether final registration could be denied without granting a proper opportunity of hearing. The Tribunal held that rejection without a show-cause notice violates natural justice and remanded the matter for fresh consideration.

Reassessment Upheld Because Third-Party Excel Data Indicated Escaped Income

January 9, 2026 1323 Views 0 comment Print

The court held that an excel sheet found during a search, indicating a cash transaction, constituted valid information to reopen assessment.

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