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Judiciary

ITAT Bangalore: Mere Wrong Claim u/s 54 Does Not Attract Penalty u/s 271(1)(c)

April 13, 2026 255 Views 0 comment Print

The case examines whether penalty applies when a deduction claim is disallowed. ITAT held that full disclosure and bona fide claim prevent penalty under Section 271(1)(c).

Separate DRC-07 for Company & MD; Temporary GST Registration Allowed for Appeal

April 13, 2026 429 Views 0 comment Print

The High Court observed that personal penalties on directors cannot be imposed without independent proceedings. It emphasized the need for separate registration and proper procedure.

Pigmy agents are employees of Bank and not business facilitators hence no GST leviable on commission

April 13, 2026 447 Views 0 comment Print

Karnataka High Court held that pigmy agents employed by the Bank can never be treated as business facilitators and qualifies as employees of the Bank and hence commission paid to pigmy agents is clearly exempt from levy of GST in terms of Sl.No.1 of Schedule III. Accordingly, writ petition is allowed.

Reassessment Invalid Due to Change of Opinion on Same Facts: ITAT Mumbai

April 13, 2026 276 Views 0 comment Print

The Tribunal held that reopening an assessment on identical material already examined is invalid. It ruled that reassessment cannot be used to revisit concluded issues without fresh evidence.

ITAT Mumbai: No Section 56(2)(x) Addition if Difference Within 10%-Tolerance Limit Held Retrospective

April 13, 2026 255 Views 0 comment Print

The case examined whether minor valuation differences can trigger taxation under Section 56(2)(x). ITAT held that differences within 10% fall within permissible tolerance. The ruling protects genuine transactions from arbitrary additions.

ITAT Mumbai: Revised Computation Without Revised Return Allowed to Correct Slump Sale Capital Gains Error

April 13, 2026 261 Views 0 comment Print

The case addressed whether income can be corrected without filing a revised return. ITAT held that genuine computational errors can be rectified through revised computation during assessment. The ruling prioritizes accurate income over procedural technicalities.

ITAT Mumbai: CSR Donations Eligible for Section 80G Deduction Despite Bar Under Section 37

April 13, 2026 165 Views 0 comment Print

The case examined whether CSR expenses can qualify for deduction despite Section 37 disallowance. ITAT held that Section 80G operates independently and allows deduction for eligible donations. The ruling clarifies dual treatment of CSR spending.

ITAT Mumbai: No Section 68 Addition Merely Because Shareholder Company Struck Off by ROC

April 13, 2026 222 Views 0 comment Print

The case examined whether old share capital can be taxed due to ROC strike-off of a shareholder. ITAT held that Section 68 applies only to credits in the relevant year. The ruling clarifies that historical transactions remain valid.

ITAT Mumbai Quashes Reopening: Approval by Wrong Authority u/s 151 Makes Entire Reassessment Void

April 13, 2026 243 Views 0 comment Print

The case addresses whether reassessment is valid when approval is granted by the wrong authority. ITAT held that sanction under Section 151 is jurisdictional and must be from the correct authority. The entire reassessment was quashed for non-compliance.

ITAT Mumbai: No Ad-hoc Disallowance Without Rejecting Books; Section 40(a)(ia) Relief If TDS Paid Before Return Due Date

April 13, 2026 303 Views 0 comment Print

The case examines whether estimated expense disallowances can be made without rejecting books of account. ITAT held such additions invalid, emphasizing that Section 145(3) rejection is a prerequisite. The ruling protects taxpayers from arbitrary disallowances.

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