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Archive: 21 November 2025

Posts in 21 November 2025

ITAT Deletes Section 69A Addition for Bank Deposits from Liquor Receivables

November 21, 2025 237 Views 0 comment Print

The Tribunal held that deposits in the assessee’s bank account represented genuine receivables from a previously acknowledged liquor business. Since the source was documented and undisputed, the Sec.69A addition of Rs.12.21 lakhs was deleted.

Post-2002 Sec.17(3) Amendment Covers All Termination Payments

November 21, 2025 258 Views 0 comment Print

The Tribunal held that severance pay received on cessation of employment is taxable as “profits in lieu of salary” under Sec.17(3)(iii). Voluntariness or nomenclature of the payment is irrelevant post-2002 statutory amendment.

CIT(A)’s Deletion of Rs. 25.24 Cr u/s 68 Upheld as AO Accepts Cash Sales in Remand Report

November 21, 2025 204 Views 0 comment Print

The Tribunal upheld deletion of a large cash-credit addition after the AO confirmed in remand that branch sales and cash transfers were genuine. The key takeaway is that once sales are accepted, related cash deposits cannot be taxed under Section 68.

Tribunal Upholds CIT(A) Deletion of Bogus Loan & Share Capital Additions

November 21, 2025 381 Views 0 comment Print

The Tribunal confirmed that unsecured loans of ₹1.77 crore were genuine, supported by account-payee cheques, NBFC registration, bank statements, and confirmations. AO’s additions were based on presumption and ignored documentary evidence, so the deletions were rightly upheld.

DRP Cannot Entertain Objections After Final Order; Appeal Held Not Maintainable

November 21, 2025 255 Views 0 comment Print

The Tribunal held that once the Final Assessment Order under Section 147/144C(3) is passed, the DRP has no jurisdiction to consider belated objections. Consequently, appeals against DRP directions in such cases are not maintainable.

Section 68 Additions Sustained Due to Unexplained Cash Withdrawals & Bogus Share Dealings

November 21, 2025 375 Views 0 comment Print

Mayurpankh Vincom Pvt. Ltd Vs ITO (ITAT Kolkata) Unexplained Cash Credits & Bogus Share Dealings — Kolkata ITAT Upholds 68 Additions in Mayurpankh Vincom Pvt Ltd Vs ITO; ITAT Upholds Section 68 Additions After Assessee Fails to Prove Identity and Creditworthiness; Additions Upheld as Assessee Fails to Establish Genuineness of Share Transactions; ITAT Confirms Section […]

Mechanical 153D Approval & No Incriminating Material – Delhi ITAT Quashes Entire 153A Assessments

November 21, 2025 222 Views 0 comment Print

The Department could not produce a single document seized from the assessee, relying only on third-party statements, which are not incriminating material. The JCIT’s same-day clearance of multiple assessments without analysis led to the assessments being quashed.

ITAT Quashes Reassessment for Penny Stock Loss Lacking Direct Nexus

November 21, 2025 3411 Views 0 comment Print

ITAT Ahmedabad held that reassessment under Section 147 cannot be based on vague or unverified information; specific transactions must be identified to justify additions.

ITAT Hyderabad Quashes Assessment as DRP Route Cannot Extend Section 153 Limitation

November 21, 2025 561 Views 0 comment Print

Aveva Solutions India LLP Vs ITO (ITAT Hyderabad) DRP Route Cannot Extend Limitation: Assessment Beyond Section 153 Limit Struck Down by ITAT Hyderabad Tribunal examined the core legal issue of limitation for passing assessment u/s 143(3) r.w.s. 144C(13) in a Transfer Pricing case. Assessee contended that once the assessment year is 2021-22, the statutory time […]

Interest on enhanced compensation taxable as Other Income post Section 56(2)(viii) amendment

November 21, 2025 894 Views 0 comment Print

ITAT Chandigarh ruled that interest received under Section 28 of Land Acquisition Act on enhanced compensation is taxable under ‘Income from Other Sources’ per Sections 56(2)(viii) and 145B(1). The case clarifies post-amendment tax treatment of such interest.

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