INCOME TAX
Failure To Claim Tax Relief Doesn't Change Nature Of Salary Arrears: Delhi High Court
The Delhi High Court has clarified that the non-claim of relief under Section 89 of the Income Tax Act, 1961 does not determine the nature of income and cannot be taken to mean that such income is not arrears.For context, Section 89 provides relief to taxpayers receiving salary arrears, advance salary, or profits in lieu of salary in a lump sum.A division bench of Justices Anil Kshetarpal and Amit Mahajan was dealing with a petition challenging an order of the Central Administrative Tribunal...
Delhi High Court Refuses To Quash Third-Party Reassessment Despite Interim Relief To Searched Entity
The Delhi High Court has dismissed a writ petition filed by Hari Bhoomi Communications Private Limited, holding that reassessment proceedings initiated against it on the basis of material recovered during a search at another entity's premises are not rendered void by a subsequent interim order passed in favour of the searched entity. A division bench of Justice Dinesh Mehta and Justice Vinod Kumar refused to interfere with an assessment order dated March 25, 2026, passed against the company...
Supreme Court Dismisses Challenge To Gujarat HC Order Quashing Rasna Reassessment Over Deactivated PAN
The Supreme Court of India on Friday refused to interfere with a Gujarat High Court order quashing reassessment proceedings against Rasna Pvt Ltd, which had been initiated using a deactivated PAN. Rasna Pvt Ltd, known for manufacturing soft drink concentrates, had challenged the notices issued under the Income Tax Act on the ground that all transactions were disclosed under its active PAN following amalgamation.The Gujarat High Court had, on October 15, 2025, quashed notices issued under...
ITAT Ahmedabad Orders Recomputation Of Tax Addition On Steel Firm, Notes Lack Of VAT Cancellation Verification
The Ahmedabad bench of the Income Tax Appellate Tribunal (ITAT) has directed the recomputation of additions made by tax authorities against a steel manufacturer after finding that the Assessing Officer treated certain sales as non-genuine primarily on the basis of cancellation of a buyer's VAT registration without verifying when that cancellation took place. “There is no verification by the Assessing Officer about the date of cancellation of the VAT registration by VAT department,” the tribunal...
ITAT Kolkata Remands ₹13.83 Crore Unsecured Loan Case, Flags Lack of Creditor Verification
The Kolkata Bench of the Income Tax Appellate Tribunal (ITAT) on 7 April 2026 held that additions under Section 68 cannot be deleted by the CIT(A) without allowing the Assessing Officer to verify the creditors and examine their directors, where the foundational facts regarding identity and genuineness remain untested. A Bench of Judicial Member George Mathan and Accountant Member Rakesh Mishra partly allowed the Revenue's appeal and remanded the matter involving Anushikha Investments Private...
ITAT Ahmedabad Quashes Reassessment As AO Shifts From Bogus Loan To LTCG From Penny Stocks
The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) on 7 April 2026 quashed reassessment proceedings against taxpayer Pinkal Rajeshbhai Patel in a case involving alleged bogus loans. A Bench of Vice-President Dr. B.R.R. Kumar and Judicial Member Suchitra R. Kamble held that the Assessing Officer (AO) made the addition on a completely different issue of alleged bogus long-term capital gains from penny stocks. It observed: “The reason recorded for reopening and the addition...
ITAT Ahmedabad Remands ₹7.71 Crore Addition Over Possible Duplication In Bank Credits
The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) on 7 April 2026 held that additions based on bank credits, accommodation entries and interest income must be properly reconciled to avoid duplication while determining taxable income. A Bench comprising Judicial Member TR Senthil Kumar and Accountant Member Narendra Prasad Sinha partly allowed the appeal filed by Money Assurance Services for assessment year 2014–15, observing: “The AO should have excluded the interest income and...
Debatable Issues Cannot Be Rectified Under Section 154 Of Income Tax Act: ITAT Ahmedabad
The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) on 7 April held that authorities cannot invoke Section 154 of the Income Tax Act, 1961 to rectify debatable issues, as the provision applies only to mistakes apparent from the record. A Bench comprising Judicial Member Suchitra Kamble and Accountant Member Narendra Prasad Sinha quashed the rectification order passed against The Madhavpura Mercantile Co-Operative Bank Ltd (under liquidation). It held: “Any issue which is debatable...
Depreciation In Sale–Leaseback Cannot Be Denied On Mere Suspicion: Madras High Court
The Madras High Court on 20 April 2026 held that under the Income Tax Act, 1961, a taxpayer is entitled to claim deduction of accrued construction expenses and depreciation arising from sale and leaseback transactions. It ruled that such transactions cannot be treated as colourable devices merely because they result in tax advantages. A Division Bench comprising Justices G. Jayachandran and Shamim Ahmed dismissed the appeals filed by the Income Tax Department under Section 260-A and affirmed...
ITAT Quashes Reassessment Based On Third-Party Statements, Deletes ₹94.5 Lakh Additions
The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) on 7 April 2026 held that reassessment proceedings cannot survive where the Assessing Officer relies solely on general third-party statements without establishing a clear nexus with the taxpayer, as such material fails to show independent application of mind or escapement of income. The Bench comprising Vice-President Dr. B.R.R. Kumar and Judicial Member Suchitra R. Kamble allowed the appeal filed by Crystal Quinone Pvt. Ltd. for...
Bombay High Court Allows Delay Condonation For Charitable Trust IT Filing, Attributes Delay To CA Lapse
The Bombay High Court has set aside an order rejecting a charitable trust's request to excuse a delay in filing Form 10, holding that a lapse on the part of its Chartered Accountant could not be used to deny the trust tax exemption under Section 11 of the Income Tax Act. A Bench of Justice B.P. Colabawalla and Justice Firdosh P. Pooniwalla said, “the Petitioner Trust would suffer grave hardship if the delay is not condoned since the Petitioner Firm would be saddled with a huge tax liability for...
Taxpayer Liable Only For Own Investment Share, Not Spouse's Contribution: Delhi High Court
The Delhi High Court on 17 April 2026 held that a taxpayer can only be required to explain his own share of investment and cannot be saddled with tax liability for the contribution of a co-owner, including a spouse, where joint ownership and independent sources of funds are evident. A Division Bench of Justice Dinesh Mehta and Justice Vinod Kumar set aside the assessment order passed under Sections 143(3) read with 144B of the Income Tax Act, 1961, and remanded the matter for reconsideration,...









