Exceptions to monetary limits in CBDT Letter dated 20-8-2018 do not apply retrospectively to pending appeals

By | August 6, 2026
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Exceptions to monetary limits in CBDT Letter dated 20-8-2018 do not apply retrospectively to pending appeals Issue Whether the exceptions introduced by the CBDT letter dated 20-8-2018 modifying Circular No. 3/2018 dated 11-7-2018 apply retrospectively to pending Revenue appeals filed under section 260A before 20-8-2018. Whether a Revenue appeal filed prior to 20-8-2018 with a… Read More »

Reassessment under Section 263 is invalid when Assessing Officer conducted proper inquiry during assessment

By | August 6, 2026
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Reassessment under Section 263 is invalid when Assessing Officer conducted proper inquiry during assessment Issue Whether a Principal Commissioner of Income Tax (PCIT) can validly invoke revisionary powers under Section 263 on grounds of lack of inquiry when the Assessing Officer (AO) had issued specific queries regarding 26AS/service tax reconciliations and accepted the assessee’s detailed… Read More »

Miscellaneous Application for Rectification Under Section 254 Dismissed as No Error Found in Tribunal Stay Order

By | August 6, 2026
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Miscellaneous Application for Rectification Under Section 254 Dismissed as No Error Found in Tribunal Stay Order Miscellaneous Application for Rectification Under Section 254 Dismissed as No Error Found in Tribunal Stay Order Issue Whether a Miscellaneous Application under Section 254(2) for rectification can be entertained to direct a refund or impose costs when the assessee… Read More »

Miscellaneous Application for Rectification Under Section 254 Dismissed as No Error Found in Tribunal Stay Order

By | August 6, 2026
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Miscellaneous Application for Rectification Under Section 254 Dismissed as No Error Found in Tribunal Stay Order Issue Whether a Miscellaneous Application under Section 254(2) for rectification can be entertained to direct a refund or impose costs when the assessee points out no mistake apparent from the record in the Tribunal’s original stay order. Facts The… Read More »

Delay of 2227 days in filing cross-objection cannot be condoned merely due to subsequent favorable legal rulings

By | August 6, 2026
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Delay of 2227 days in filing cross-objection cannot be condoned merely due to subsequent favorable legal rulings Issue Whether a delay of 6 years and 35 days (approximately 2,227 days) in filing a cross-objection before the ITAT can be condoned under section 254 when the delay was caused by a conscious decision not to file… Read More »

Rectification order passed beyond four years without notice and DIN is invalid and barred by limitation

By | August 6, 2026
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Rectification order passed beyond four years without notice and DIN is invalid and barred by limitation Issue Whether a rectification order passed under section 154 read with section 143(3) beyond four years from the end of the financial year in which the original assessment order was passed is barred by limitation. Whether a section 154… Read More »

Rejection of refund condonation under Section 119(2)(b) solely due to six-year Circular bar is unsustainable.

By | August 6, 2026
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Rejection of refund condonation under Section 119(2)(b) solely due to six-year Circular bar is unsustainable. Rejection of refund condonation under Section 119(2)(b) solely due to six-year Circular bar is unsustainable. Issue Whether the authority empowered under Section 119(2)(b) is justified in rejecting an application for condonation of delay in claiming a refund solely on the… Read More »

Reassessment Passed Without Disposing Objections via Separate Speaking Order Is Invalid and Quashed

By | August 6, 2026
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Reassessment Passed Without Disposing Objections via Separate Speaking Order Is Invalid and Quashed Issue Whether a reassessment order passed under section 147 read with section 143(3) is legally valid when the Assessing Officer fails to dispose of the assessee’s objections to the reasons for reopening by a separate speaking order before proceeding with the assessment.… Read More »

Section 80GGC Deduction Disallowed as Donation to Political Party Was Fake Accommodation Entry

By | August 6, 2026
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Section 80GGC Deduction Disallowed as Donation to Political Party Was Fake Accommodation Entry Issue Whether a claim for deduction under section 80GGC for a donation made to a registered unrecognized political party can be disallowed under section 148 reassessment when investigation material demonstrates that the contribution was a non-genuine accommodation entry. Facts The assessee claimed… Read More »

Addition under section 69A for locker cash is unsustainable when supported by satisfactory explanations and evidence.

By | August 6, 2026
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Addition under section 69A for locker cash is unsustainable when supported by satisfactory explanations and evidence. Issue Whether cash of ₹7 lakhs found in a bank locker can be added as unexplained money under section 69A when the assessee provides plausible explanations supported by corroborative documentary evidence and the Revenue fails to bring rebutting material.… Read More »