Daily Archives: January 12, 2026

CIT(A) Empowered to Remand Ex-Parte Assessments Under New Proviso to Section 251(1)(a); Revenue’s Appeal Dismissed

By | January 12, 2026

CIT(A) Empowered to Remand Ex-Parte Assessments Under New Proviso to Section 251(1)(a); Revenue’s Appeal Dismissed Issue Whether the Commissioner of Income Tax (Appeals) [CIT(A)] has the statutory power to set aside an ex-parte assessment order passed under Section 144 and restore the matter to the Assessing Officer (AO) for fresh adjudication, in light of the… Read More »

ITAT Remands Case: CIT(A) Cannot Dismiss Appeal for Non-Prosecution Without Adjudicating on Merits

By | January 12, 2026

ITAT Remands Case: CIT(A) Cannot Dismiss Appeal for Non-Prosecution Without Adjudicating on Merits   Issue Procedural Validity: Can the Commissioner of Income Tax (Appeals) [CIT(A)] dismiss an appeal in limine (at the threshold) solely for non-prosecution (non-appearance of the assessee) without deciding the specific issues on their merits? Underlying Merits (To be decided): Whether land… Read More »

Ex-Parte Orders by CIT(A) Set Aside; Matter Remanded for Adjudication on Merits

By | January 12, 2026

Ex-Parte Orders by CIT(A) Set Aside; Matter Remanded for Adjudication on Merits   Issue Whether the Commissioner of Income Tax (Appeals) [CIT(A)] was justified in passing ex-parte orders confirming the additions made by the Assessing Officer without discussing the merits of the case, simply because the assessee sought adjournments. Facts Appeals: Three separate appeals (likely… Read More »

Penalty Under Section 270A Remanded for Fresh Adjudication on Reasonable Cause

By | January 12, 2026

Penalty Under Section 270A Remanded for Fresh Adjudication on Reasonable Cause   Issue Whether the levy of penalty under Section 270A for “under-reporting of income” (due to non-filing of regular return) is justified when the assessee claims the Managing Partner was abroad for medical treatment, and whether the penalty notice was vague. Facts Assessee: A… Read More »

ITAT Remands Section 69A Addition for Bank Reconciliation; Imposes Cost for Non-Compliance

By | January 12, 2026

ITAT Remands Section 69A Addition for Bank Reconciliation; Imposes Cost for Non-Compliance   Issue Unexplained Money (Section 69A): Whether the difference between total bank credits and declared sales turnover can be added as unexplained money when the assessee claims they are contra entries and loans but failed to prove it before lower authorities. Second Chance:… Read More »

 IMPORTANT INCOME TAX CASE LAWS 09.01.2026

By | January 12, 2026

 IMPORTANT INCOME TAX CASE LAWS 09.01.2026 Relevant Act Section Case Law Title Brief Summary Citation Income-tax Act, 1961 Section 2(24)(xviii) Shriniwas Engineering Auto Components (P.) Ltd. v. ACIT Subsidy received under Package Scheme of Incentives, 2007 (stamp/electricity duty exemption) was held to be taxable income under Section 2(24)(xviii) in the year of receipt, as it… Read More »

AO ‘Functus Officio’ After Passing Order; Fresh Notices on Section 170A Modified Return Stayed

By | January 12, 2026

AO ‘Functus Officio’ After Passing Order; Fresh Notices on Section 170A Modified Return Stayed   Issue Whether an Assessing Officer (AO) has the jurisdiction to issue fresh notices under Section 143(2) and Section 142(1) to assess a modified return filed under Section 170A (post-amalgamation) if an assessment order considering that return has effectively already been… Read More »