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Judiciary

Wrong Section Selected in ITR Cannot Defeat Genuine Section 80P Claim – ITAT Directs CPC to Grant Full Deduction

May 30, 2026 267 Views 0 comment Print

ITAT held that a typographical mistake in selecting the wrong sub-clause of Section 80P does not defeat a valid deduction claim. The Tribunal directed the Revenue to grant the full deduction where eligibility was otherwise undisputed.

Jurisdictional Defects Vitiate Entire Assessment: ITAT Strikes Down Additions Based on Search Material

May 30, 2026 201 Views 0 comment Print

Assessments arising from searches conducted after 01.04.2021 must strictly comply with the reassessment framework under sections 147 and 148. Failure to adhere to statutory jurisdictional requirements, including mandatory approvals and satisfaction for use of third-party material, rendered the entire assessment void.

Assessment on Deceased Assessee Not Void Where Notice Was Issued During Lifetime – ITAT Pune Orders Fresh Assessment in Legal Heir’s Name

May 30, 2026 309 Views 0 comment Print

The ITAT ruled that an assessment made after the assessees death was not void ab initio where jurisdiction had already been validly assumed before death. The matter was remanded for passing a fresh order in the name of the legal representative.

ITAT Orders De Novo Adjudication on Taxability of Concessional Sugar Distributed by Co-operative Sugar Factory

May 30, 2026 120 Views 0 comment Print

Tribunal held that the differential amount between the levy price of sugar and the concessional price at which it was sold by a co-operative factory to its members and non-members constitutes an unallowable appropriation of profit to be added to business income, or a valid business practice could not be decided without examining the factual parameters mandated by the Supreme Court in Krishna Sahakari Karkhana Ltd.

Wrong Clause Selected in Form 10AB is a Curable Defect – ITAT Pune Restores U/s 12AB & 80G Applications of Educational Society

May 30, 2026 264 Views 0 comment Print

The assessee mistakenly filed its registration application under Section 12A(1)(ac)(ii) instead of Section 12A(1)(ac)(iii). The Tribunal held that such an inadvertent error warranted correction and fresh adjudication rather than rejection.

Section 80P Deduction Cannot Be Withdrawn Through Section 154: ITAT Says Debatable Issues Are Beyond Rectification Powers

May 30, 2026 687 Views 0 comment Print

The Tribunal ruled that the Assessing Officer wrongly invoked Section 154 to withdraw deduction on interest income from co-operative banks. Since the issue is subject to differing judicial interpretations, it falls outside the scope of rectification.

Section 54F Relief Allowed Despite Sale Deed After Two Years- ITAT Holds Flat Booking & Substantial Payment Satisfy the Law

May 30, 2026 750 Views 0 comment Print

The Tribunal ruled that booking a residential flat and making substantial payments toward its acquisition can amount to a purchase for Section 54F purposes. Registration at a later date does not automatically defeat the exemption claim.

SC Stays HC Ruling as GST Portal Upload Alone Was Held Insufficient Communication

May 30, 2026 624 Views 0 comment Print

The Supreme Court stayed an Allahabad High Court judgment that held mere uploading of GST orders on the portal does not automatically start limitation for appeals. The dispute concerns the meaning of “communication” under Section 107 of the GST law.

BSNL VRS Compensation Fully Exempt U/s 10(10B); ITAT Also Allows Full Leave Encashment Relief to Former DOT/BSNL Employees

May 30, 2026 408 Views 0 comment Print

ITAT ruled that employees opting for the BSNL VRS Scheme, 2019 are entitled to full exemption under Section 10(10B) on retrenchment compensation. The decision rejects the view that exemption should be capped at ₹5 lakh under Section 10(10C).

Missed Form 10? ITAT Gives Trust a Lifeline – AO Directed to Await Condonation Decision Before Denying Section 11(2) Benefit

May 30, 2026 507 Views 0 comment Print

The Tribunal observed that the trust had eventually filed Form 10 and sought condonation of delay. Since the issue was pending before the competent authority, the exemption dispute was restored for reconsideration.

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