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Judiciary

Assessment Reopened on Alleged Cash Deposits That Did Not Exist

January 9, 2026 429 Views 0 comment Print

The reopening relied on a bank account number that did not match the account from which transactions were considered. The Tribunal restored the case for fresh adjudication, emphasizing that reassessment must be based on accurate bank details.

Delay in Form 10AB Filing Held Condonable Under Section 12AB

January 9, 2026 1749 Views 0 comment Print

The Tribunal ruled that minor delay in filing Form 10AB cannot justify rejection when law permits condonation. Commissioners must examine reasonable cause instead of dismissing applications on technical grounds.

Section 69C Not Applicable to Salary/Wages Disallowance Where Source Is Explained

January 8, 2026 1563 Views 0 comment Print

The Tribunal held that section 69C cannot be invoked when expenditure is recorded in books and its source is not in doubt, even if part of the claim is disallowed.

GST Recovery Cannot Be Made from a Separate Company Merely Due to Common Director

January 8, 2026 1389 Views 0 comment Print

The High Court set aside a GST garnishee notice where tax dues of one company were recovered from another independent entity. It held that recovery cannot be enforced against a company with no adjudication order or liability.

Second Reopening u/s 147 Quashed as Change of Opinion—Section 54F Deduction Cannot Be Revisited Without New Material

January 8, 2026 678 Views 0 comment Print

The issue was whether a second reassessment could be initiated on the same facts already examined earlier. The Tribunal held that reopening based on a mere change of opinion is invalid and quashed the reassessment.

Reassessment After Four Years Invalid for Change of Opinion: ITAT Chennai

January 8, 2026 486 Views 0 comment Print

The issue was whether reassessment could be initiated beyond four years after a completed scrutiny assessment. The Tribunal held that reopening was barred as there was no failure to disclose material facts.

CLB Lacked Power to Condon Delay Under Companies Act 2013: SC

January 8, 2026 702 Views 0 comment Print

The issue was whether the Company Law Board could condone delay in appeals under Section 58(3). The Supreme Court held that CLB, being a quasi-judicial body, had no such power in absence of statutory authority.

ITAT Mumbai Quashed Cash Addition Based Only on Third-Party Excel Sheet

January 8, 2026 978 Views 0 comment Print

The Tribunal examined whether a cash addition under section 69 could rest solely on an Excel sheet seized from a third party. It held the addition unsustainable due to lack of corroborative evidence and violation of natural justice.

ITAT Mumbai deleted Bogus LTCG additions for Lack of Direct Evidence

January 8, 2026 666 Views 0 comment Print

The Tribunal held that long-term capital gains from listed share sales could not be treated as bogus merely due to high profits. In the absence of contrary evidence, additions under Sections 68 and 69C were deleted.

Composite Trust Eligible for U/s 80G If Religious Spend Within 5% Limit

January 8, 2026 768 Views 0 comment Print

The issue was whether a trust with mixed charitable and religious objects could be denied 80G approval. The Tribunal held that composite trusts are eligible if religious expenditure stays within statutory limits, and directed grant of approval.

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