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Judiciary

Appeal Delay of 3 Years Condoned by ITAT on Professional Advice Grounds

May 30, 2026 489 Views 0 comment Print

The Tribunal held that a genuine and reasonable explanation for delay justified condonation of nearly three years. It emphasized that substantial justice should prevail over technical limitations when no mala fide intent is established.

NCLT Permits Shares-to-Guarantee Conversion Process to Proceed Despite Regulatory Objections

May 30, 2026 180 Views 0 comment Print

The NCLT Allahabad Bench dispensed with shareholder meetings after finding that all shareholders had consented to the proposed reduction of capital and conversion into a company limited by guarantee.

Section 43B Deduction Cannot Be Lost Due to Inadvertent Non-Claim in Return – ITAT Gives Fresh Opportunity to Verify Property Tax Payment

May 30, 2026 90 Views 0 comment Print

The assessee sought deduction for property tax paid during the relevant financial year but failed to claim it in the return. The ITAT granted another opportunity and ordered verification of the claim on merits.

Fresh Isabgol Seeds Exempt from GST as They Remain Unprocessed After Harvest: AAR Gujarat

May 30, 2026 1488 Views 0 comment Print

The Gujarat AAR held that Psyllium (Isabgol) Seeds procured from farmers and supplied without drying, freezing, or processing qualify as fresh seeds. As a result, they are exempt from GST under Entry 87 of Notification No. 10/2025.

ITAT Deletes Section 68 Loan Addition; Mere Link to Entry Operator Insufficient

May 30, 2026 612 Views 0 comment Print

ITAT held that the assessee discharged the primary burden under Section 68 by producing complete documentary evidence regarding the lender and the loan transaction. The addition was deleted because the Revenue failed to disprove the evidence.

Cash Deposits in Medical Store Bank Account Not Taxable U/s 69A as Such- ITAT Holds Only Profit Element Can Be Assessed

May 30, 2026 432 Views 0 comment Print

The assessee contended that cash deposits in the bank account represented sales proceeds from a medicine business. The ITAT remanded the matter to the Assessing Officer to verify turnover details and determine taxable income on a reasonable basis.

18% Profit Rate on Contract Receipts Held Excessive – ITAT Restricts Estimation to 8% and Grants Major Relief

May 30, 2026 300 Views 0 comment Print

The Pune ITAT held that estimating net profit at 18% of contract receipts was excessive in the absence of supporting material. Applying principles similar to presumptive taxation under Section 44AD, the Tribunal restricted the profit rate to 8% and granted substantial relief.

Tax Audit Report Error Cannot Trigger Disallowance – ITAT Deletes Section 40(a)(ia) Addition Based on Copied Audit Figures

May 30, 2026 369 Views 0 comment Print

The ITAT held that Section 40(a)(ia) could not be invoked where the assessee had not made the rent payments referred to in the tax audit report. The addition was traced to an inadvertent reporting error by the auditor.

Reassessment Quashed for Wrong Approval Under Section 151 – ITAT Holds Sanction by PCIT Instead of PCCIT is Fatal

May 30, 2026 372 Views 0 comment Print

The Tribunal ruled that a notice issued beyond three years from the relevant assessment year requires sanction from the authority prescribed under Section 151. Since approval was obtained from the wrong authority, the reassessment proceedings were held to be illegal.

Reassessment Quashed for Violating 4-Week Cooling-Off Period After Disposal of Objections – ITAT Pune Follows Asian Paints

May 30, 2026 285 Views 0 comment Print

The Tribunal held that the reassessment order was invalid because it was passed within four weeks of disposing of the assessee’s objections to reopening. Following Bombay High Court precedents, the reassessment proceedings were quashed.

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