The ITAT Delhi quashed reassessment orders for three assessment years (AY 2011-12, 2015-16, 2016-17) based on fundamental legal flaws. The ruling confirms that reassessments are invalid if initiated on wrong or substituted reasons, if they are time-barred (following the Supreme Court’s concession in the Rajeev Bansal case), or if they proceed without valid statutory sanction from the competent authority.
The Tribunal annulled a reassessment after finding the AO wrongly assumed no return was filed. It held that a notice under Section 148 issued without applying mind is invalid, reinforcing that “reason to believe” must rest on verified facts.
Delhi ITAT declared an entire income tax assessment void ab initio because Assessing Officer, who assumed jurisdiction post-transfer, failed to issue mandatory notice under Section 143(2). This ruling confirms that a fresh jurisdictional notice is compulsory for the new AO to validate the assessment proceedings.
The ITAT Delhi upheld the deletion of a Rs.1.83 crore addition for alleged bogus loans, ruling that uncorroborated WhatsApp chats and retracted search statements cannot override documentary evidence. The Tribunal affirmed the loans were genuine, noting the assessee provided full proof of identity, creditworthiness, and genuineness via audited accounts, bank statements, and TDS on interest paid to the NBFC lenders.
ITAT clarified that absence of ownership transfer at the end of the lease period makes it an operating lease, rejecting Assessing Officer’s treatment of transaction as a financial lease.
The ITAT Kolkata deleted the Rs.10.25 crore addition made under Section 68, ruling that an addition cannot be sustained solely on a survey statement that was subsequently retracted, citing coercion. The court found the loans were genuine, routed through banking channels, supported by evidence, and later repaid with TDS deducted interest.
The ITAT Mumbai deleted an addition of Rs.1.74 crore, ruling that corpus donations received by a registered charitable trust with specific written directions (for a “building fund”) are exempt under Section 11(1)(d). The ruling confirms that the exemption applies regardless of whether charitable activities were carried out in the same year.
ITAT Kolkata quashed the reopening assessment for AY 2015-16, ruling the Section 148 notice issued on 31.07.2022 was time-barred. This decision strictly follows the Rajeev Bansal (SC) judgment, which held that the TOLA extension for reopening notices did not apply to AY 2015-16 beyond 31.03.2021.
The ITAT Bangalore directed the AO to allow the full deduction under Section 80P(2)(a)(i) for a primary cooperative credit society, holding that the Supreme Court’s ruling in Mavilayi confirms that these societies are not excluded by Section 80P(4). The Tribunal confirmed the society’s income was derived solely from transactions with its members.
The ITAT Kolkata deleted the Section 68 addition of Rs.1.67 crore, holding that loans proven to be repaid through banking channels with TDS deducted on interest cannot be treated as bogus accommodation entries.1 The ruling emphasizes that additions based solely on a retracted survey statement lack evidentiary value, especially without corroborating material.
