Daily Archives: November 26, 2025

Unsigned Assessment Order is Void Ab Initio; Section 282A Mandates Signature for Validity. Issue Whether an assessment order communicated electronically but bearing no signature (neither physical nor digital) is valid under the Income-tax Act, particularly in light of the authentication requirements under Section 282A(1). Facts Assessment Year: 2021-22. The Order: The Assessing Officer (AO) passed… Read More »

Section 153C Notice Quashed Due to 22-Month Delay in Recording Satisfaction Note Issue Whether the proceedings initiated under Section 153C against a “third person” are valid if the mandatory satisfaction note was recorded by the Assessing Officer (AO) of the searched person 22 months after the completion of the searched person’s assessment, violating the principle… Read More »

Non-Speaking Order Rejecting 80G Approval Quashed; Remanded for De Novo Consideration Issue Whether the rejection of an application for approval under Section 80G of the Income-tax Act via a non-speaking order is legally sustainable, particularly when the same Commissioner (Exemptions) subsequently granted registration under Section 12AB to the assessee, thereby implicitly accepting the genuineness of… Read More »

Sale of Shares by Minority Shareholder is Capital Gain, Not Business Income u/s 28(va), Despite Non-Compete Clauses Issue Whether the entire sale consideration received by a minority shareholder (holding less than 4%) from the sale of shares can be taxed as “Business Income” under Section 28(va) (Non-compete fee) merely because the Share Purchase Agreement (SPA)… Read More »

Rejection of Section 12AB Registration at Threshold by Invoking Section 13(1)(b) is Premature Issue Whether the Commissioner of Income Tax (Exemption) [CIT(E)] is justified in rejecting an application for regular registration under Section 12AB(1)(ac)(iii) at the threshold by invoking Section 13(1)(b) (which bars exemption for trusts created for a particular religious community or caste), or… Read More »

Reassessment Quashed: Reference to Trustee Resolution in Form 10 is Sufficient for Accumulation Issue Whether the Assessing Officer (AO) can reopen an assessment under Section 147/148A on the ground that the assessee-trust failed to mention the “specific purpose” for accumulation of income in Form No. 10, when the form explicitly referred to a Resolution of… Read More »