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Archive: 11 October 2025

Posts in 11 October 2025

AO Accepted Agri Income in Next Year but Denied in Earlier Year Without Logic – ITAT Deletes Addition as CIT(A) Adopted “Whims & Fancies”!

October 11, 2025 237 Views 0 comment Print

The ITAT deleted the addition, ruling the CIT(A)’s rejection of agricultural income based solely on bank deposits not tallying bill-to-bill was arbitrary and illogical. Once the genuine agricultural activity was accepted, timing differences or cash accumulation must be considered.

PAN Cannot Override Legal Ownership- ITAT Blasts Revenue for Taxing Individual Instead of HUF/Trust

October 11, 2025 381 Views 0 comment Print

The ITAT deleted a capital gains addition, ruling that the use of an individual’s PAN during a property sale cannot legally override clinching documentary evidence proving ownership by an HUF and a Trust. Legal ownership (Will, sale deed, bank receipts) prevails over a mere technicality.

PCIT Rightly Invoked : AO Ignored Mandatory DSIR Form 3CL for R&D Deduction

October 11, 2025 390 Views 0 comment Print

The ITAT confirmed the revision, ruling the AO’s failure to restrict the deduction to the DSIR-approved amount in Form 3CL was an error contrary to the amended law, causing prejudice to the revenue. Post-2016 amendments make this verification mandatory.

Revision u/s 263 Invalid: AO Asked Questions, Assessee Answered, Matter Closed!- ITAT Chandigarh to PCIT- Depth of Enquiry is AO’s Domain, Not Yours

October 11, 2025 279 Views 0 comment Print

The ITAT Chandigarh quashed a revision, holding that when the Assessing Officer (AO) conducts a proper enquiry, the PCIT cannot substitute their judgment merely because they desire a deeper verification. The ruling establishes that inadequate enquiry is distinct from lack of enquiry, and only the latter justifies revision.

Bank’s Mortgage Rights Yield to Money-Laundering Attachment- PMLA Overrides SARFAESI

October 11, 2025 879 Views 0 comment Print

The SAFEMA Tribunal dismissed a bank’s appeal, ruling that PMLA attachment of mortgaged property overrides secured rights under the SARFAESI and RDB Acts. The decision affirms the Supreme Court’s NSEL verdict that secured creditors lack priority over assets attached as proceeds of crime.

ITAT Ahmedabad Restores ₹14.39 Cr Addition Case for Fresh Assessment

October 11, 2025 486 Views 0 comment Print

The ITAT Ahmedabad remanded Dhananjay Tradelink Pvt. Ltd.’s case for fresh assessment, directing the AO to reverify ₹14.39 crore in unsecured loans and creditors under Section 68.

ITAT Slams AO for Ignoring Co-ownership – Taxing Entire Sale Proceeds of Rural Land Is Unsustainable

October 11, 2025 399 Views 0 comment Print

The Tribunal deleted an addition of capital gains, noting the AO’s error in taxing the entire sale consideration in one co-owner’s hands when her actual share was minimal and below the basic exemption limit.

ITAT Ahmedabad: Reassessment Annulled as Notice u/s 148 Issued Beyond Surviving Limitation Period — Invalid under Rajeev Bansal & TOLA Framework

October 11, 2025 879 Views 0 comment Print

The ITAT Ahmedabad annulled reassessment proceedings as the notice under Section 148 was issued beyond the surviving limitation period prescribed under TOLA and clarified in Rajeev Bansal (SC).

ITAT Ahmedabad Allows Full Sales Promotion Expense – Rejects AO’s Restriction as Arbitrary

October 11, 2025 297 Views 0 comment Print

The Tribunal held that where an assessee’s accounting method is consistent, and gross margins remain stable over the years, the AO cannot substitute his subjective judgment for the businessman’s discretion without proving the expenditure is bogus or for non-business purposes.

ITAT Chandigarh: ₹25 Lakh Leave Encashment Limit Held Prospective – PSU Retiree Restricted to ₹3 Lakh Exemption

October 11, 2025 3390 Views 2 comments Print

ITAT Chandigarh holds Rs.25 lakh leave encashment limit prospective (w.e.f. 01.04.2023), restricting a PSU retiree’s exemption claim for AY 2021-22 to Rs.3 lakh under S. 10(10AA)(ii)

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