Tag Archives: IN THE ITAT MUMBAI BENCH

CIT (Exemption) cannot make Section 12AB and 80G approvals subject to prospective Supreme Court challenges.

By | August 7, 2026
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CIT (Exemption) cannot make Section 12AB and 80G approvals subject to prospective Supreme Court challenges. CIT (Exemption) cannot make Section 12AB and 80G approvals subject to prospective Supreme Court challenges. Issue Whether the CIT (Exemption), while granting registration under Section 12AB and approval under Section 80G pursuant to a binding High Court ruling, was justified… Read More »

CIT (Exemption) cannot attach conditional caveats based on proposed Supreme Court appeals when granting trust registration.

By | August 7, 2026
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CIT (Exemption) cannot attach conditional caveats based on proposed Supreme Court appeals when granting trust registration. CIT (Exemption) cannot attach conditional caveats based on proposed Supreme Court appeals when granting trust registration. Issue Whether CIT (Exemption), while granting registration under Section 12AB and approval under Section 80G in compliance with a binding judgment of the… Read More »

Depreciation on full cost of IPL franchise allowed, cash disallowance upheld, unproven expenses disallowed, and specific reimbursements remanded.

By | August 7, 2026
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Depreciation on full cost of IPL franchise allowed, cash disallowance upheld, unproven expenses disallowed, and specific reimbursements remanded. Depreciation on full cost of IPL franchise allowed, cash disallowance upheld, unproven expenses disallowed, and specific reimbursements remanded. Issue Whether an IPL franchise owner is entitled to depreciation on the full capitalized cost of franchise rights, whether… 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 »

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 »

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 »

CIT(E) cannot attach caveats to High Court-mandated registration and approval based on prospective Supreme Court appeals.

By | August 6, 2026
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CIT(E) cannot attach caveats to High Court-mandated registration and approval based on prospective Supreme Court appeals. CIT(E) cannot attach caveats to High Court-mandated registration and approval based on prospective Supreme Court appeals. Issue Whether CIT (Exemption) is justified in attaching a caveat/condition to registration under section 12AB and approval under section 80G stating that benefits… Read More »

Disallowance under section 40(a)(ia) and 40(a)(i) is unsustainable as TDS provisions were not applicable.

By | August 6, 2026
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Disallowance under section 40(a)(ia) and 40(a)(i) is unsustainable as TDS provisions were not applicable. Issue Whether section 40(a)(ia) can be invoked for player winnings payouts that were never claimed as deductible expenditure in the Profit and Loss account, and whether the ₹10,000 threshold under section 194B applies per individual payment rather than aggregate wallet balance.… Read More »

Interest Paid To Foreign HO Deductible, Hedging Capital Gains Exempt, Refund Interest Taxed At DTAA Capped Rate

By | August 6, 2026
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Interest Paid To Foreign HO Deductible, Hedging Capital Gains Exempt, Refund Interest Taxed At DTAA Capped Rate Issue Whether interest paid by an Indian Permanent Establishment (PE) to its foreign Head Office (HO) and overseas branches is allowable as a deductible expense. Whether Transfer Pricing adjustment for guarantee commission under internal CUP should be restricted… Read More »

Hospital Operating Modern Facilities and Earning Surplus Retains Section 2(15) Charitable Character

By | August 6, 2026
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Hospital Operating Modern Facilities and Earning Surplus Retains Section 2(15) Charitable Character Issue Whether running a modern, tertiary-care hospital with premium facilities, significant receipts, and operational surplus alters the charitable character of “medical relief” under Section 2(15) or invalidates Section 12AB registration. Whether alleged non-compliance with indigent patient bed reservation under Section 41AA of the… Read More »