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Archive: 29 August 2025

Posts in 29 August 2025

Bogus Purchase: AO Cannot Disallow Expenses Solely on Third-Party Info

August 29, 2025 1005 Views 0 comment Print

ITAT Bangalore deletes an income tax addition for Maloo Constructions, ruling that purchases were not bogus despite a third-party report. The decision emphasizes that disallowances require more than mere suspicion and must be supported by independent inquiry.

Borrow at 12%, Lend at 5% ITAT Kolkata Partly Upholds Interest Disallowance

August 29, 2025 609 Views 0 comment Print

Borrow at 12%, Lend at 5% ITAT Kolkata Partly Upholds Interest Disallowance – Interest-Free Funds Presumption Applied – ITAT Kolkata Remands Excess Disallowance for Verification

Mere Suspicion not enough to cancel Trust Registration u/s 12AB(4)

August 29, 2025 399 Views 0 comment Print

ITAT Hyderabad quashes the cancellation of John Foundation’s registration, ruling that the action was based on suspicion rather than evidence.

No Section 271(1)(c) Penalty on Estimated Additions for Bogus Purchases

August 29, 2025 996 Views 0 comment Print

The ITAT Mumbai ruled that a penalty cannot be levied on additions made on an estimated basis. The case of Khodiyar Impex vs. ITO clarified that a 3% disallowance on alleged bogus purchases doesn’t constitute concealment of income.

ITAT Bangalore Deletes 234E Late Fee – Levy Prior to 1.6.2015 Without Authority of Law

August 29, 2025 354 Views 0 comment Print

The ITAT Bangalore has ruled that the levy of late fees under Section 234E is invalid for periods before June 1, 2015, as the legal framework was not in place.

Kolkata Tribunal Deletes Section 68 Addition for Genuine Banked Loans

August 29, 2025 1293 Views 0 comment Print

ITAT Kolkata dismisses revenue’s appeal, ruling that repaid unsecured loans cannot be treated as unexplained cash credits under Section 68 of the IT Act.

Section 68 Share Premium Addition Cannot Be Based on mere Summons Default

August 29, 2025 312 Views 0 comment Print

ITAT Kolkata rules that non-compliance with summons by investors is not a valid reason to add share premium as unexplained income if the assessee provides full documentation.

Form 10B Filing Error Not Fatal for Section 11 Relief: ITAT Delhi

August 29, 2025 408 Views 0 comment Print

The ITAT Delhi has ruled that a charitable society is eligible for a tax exemption, even with a delayed Form 10B submission due to a technical portal glitch.

ITAT Rules Professional Receipts Cannot Be Treated as Unexplained

August 29, 2025 411 Views 0 comment Print

A summary of the ITAT Kolkata ruling in the case of Laxmi Agarwal, a doctor, where the tribunal quashed a 60% tax levy on cash deposits.

Reopening Beyond 3 Years Invalid Without Pr.CCIT Sanction: ITAT Kolkata

August 29, 2025 567 Views 0 comment Print

ITAT Kolkata voids reassessment proceedings for Nirmalkunj Sales Ltd., ruling that the Section 148 notice was invalid due to improper sanction from a Pr.CIT instead of the required Pr.CCIT.

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