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Judiciary

Section 54F Exemption Cannot Be Denied for Small or Modest House Construction

January 8, 2026 5124 Views 0 comment Print

The AO denied exemption relying on an inspector’s report citing minimal construction. The Tribunal held that documentary evidence showed a habitable residence, entitling exemption.

Section 263 Revision Upheld for Lack of Enquiry on Cash Deposits

January 8, 2026 381 Views 0 comment Print

The ITAT upheld revision under Section 263 where the Assessing Officer accepted large demonetisation cash deposits without proper verification. Failure to examine utilisation of withdrawals or call for a cash book rendered the assessment erroneous and prejudicial to revenue.

Appeal Cannot Be Dismissed Without Deciding Delay Condonation

January 8, 2026 489 Views 0 comment Print

The issue was whether an appeal can be rejected without first considering condonation of delay. The Tribunal held that dismissal without condoning delay is invalid and requires fresh adjudication.

Section 271(1)(c) Penalty Order Set Aside for Being Non-Speaking

January 8, 2026 519 Views 0 comment Print

The issue was confirmation of penalty without reasons. The Tribunal held that a non-speaking appellate order violates law and remanded the matter for fresh adjudication.

Artificial profit/loss arising from client code modification requires transaction-wise reconciliation-Matter restored

January 8, 2026 420 Views 0 comment Print

ITAT Mumbai held that artificial profits or losses arising from Client Code Modification in share transactions carried out in F&O segment requires transaction-wise reconciliation. Accordingly, matter restore to the file of AO.

Agricultural Income Claim Remanded for Lack of Proof

January 8, 2026 351 Views 0 comment Print

The issue was whether rental income from land qualified as agricultural income without supporting evidence. The Tribunal held that inadequate proof justified remanding the matter to the Assessing Officer for fresh verification.

Waiver of pre-deposit u/s. 129E under Customs Act not granted in absence of financial distress

January 8, 2026 546 Views 0 comment Print

Karnataka High Court held that request for waiver of pre-deposit amount under Section 129E(ii) of the Customs Act, 1962 is not acceptable since petitioner is an established business and there is no financial distress. Accordingly, writ dismissed.

Reassessment Notice Quashed as Time-Barred After Supreme Court Ruling

January 8, 2026 852 Views 0 comment Print

The issue was whether a reassessment notice issued after the surviving limitation period was valid. The Tribunal held the notice time-barred in light of the Supreme Court ruling, rendering the entire reassessment invalid.

Delay in Form 10AB Condoned; Rejection of 12AB Registration & 80G Approval Set Aside

January 8, 2026 1086 Views 0 comment Print

The issue was whether a delayed Form 10AB filing justified denial of charitable registration. The Tribunal held that bona fide delay due to transitional confusion and CBDT clarifications warranted condonation and fresh adjudication.

Retrospective withdrawal of Transport and Marketing Assistance Scheme impermissible: writ partly allowed

January 8, 2026 816 Views 0 comment Print

Delhi High Court held that retrospective applicability of Transport and Marketing Assistance Scheme is impermissible in law. Thus, notification of foreclosure of the Scheme dated 25.03.2022 shall have no application for exports effected between 01.04.2021 and 08.09.2021.

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