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Archive: December, 2025

Posts in December, 2025

193-Day Delay Condoned: ITAT Says Don’t Deny Merits to Rural Assessee

December 3, 2025 384 Views 0 comment Print

The Tribunal allowed a 193-day delayed appeal, emphasizing that non-deliberate delay should not bar hearing on merits. The assessee can now present his case and have the appeal adjudicated substantively.

CIT(A) Had No Material to Examine – Assessee Gets Final Opportunity to Prove Capital Source

December 3, 2025 261 Views 0 comment Print

ITAT held that absence of earlier evidence led to addition under section 68. Now, assessee allowed to submit all books, bank statements, and capital accounts, subject to compliance conditions.

Surmises, Patterns Kolkata Report Cannot Override Evidence – Penny Stock Addition u/s 68 Scrapped

December 3, 2025 744 Views 0 comment Print

The Income Tax authorities treated LTCG from Kappac Pharma shares as unexplained cash credit. The Tribunal confirmed the transactions were genuine, supported by demat and broker records. The addition under Section 68 and related commission expenses were deleted.

Form No. 26AS Not Equal to Turnover: Penalty u/s 271B Deleted for ₹1.11 Cr

December 3, 2025 1383 Views 0 comment Print

ITAT Rajkot held that cash reflected in 26AS represents pass-through freight receipts, not actual turnover. Commission income below the audit threshold, hence tax audit under section 44AB was not required and penalty u/s 271B deleted.

Section 144 Assessment Partly Modified: 8% Reduced to 6% NP on ₹1.99 Cr

December 3, 2025 225 Views 0 comment Print

ITAT partly allowed appeal against additions under section 144, applying 6% net profit instead of AO’s 8% on total cash deposits. Returned income under section 44AD was deducted, and normal tax rates applied instead of section 115BBE.

Demonetization Cash Credit Case Remanded for Reassessment

December 3, 2025 234 Views 0 comment Print

The Tribunal condoned a 294-day delay and remanded the case to the Assessing Officer for AY 2017-18. Cash deposits of ₹49,80,700/- were initially treated as unexplained income under section 68. The ruling allows the assessee one more opportunity to present evidence, emphasizing procedural fairness.

ITAT Quashes ₹1 Cr Addition Under Section 148 on Penny Stock LTCG

December 3, 2025 423 Views 0 comment Print

Assessee proved long-term capital gains of ₹1 crore from Mishkafin Finance shares via broker notes, bank statements, and STT-paid transactions. Addition under section 69A was deleted due to lack of evidence.

CIT(A) Cannot Hide Behind PCIT’s 263 Order – Independent Application of Mind Mandatory

December 3, 2025 318 Views 0 comment Print

ITAT Jabalpur held that CIT(A) cannot blindly follow PCIT directions under section 263. Appellate authorities must independently consider evidence and objections before confirming additions.

Government Grant Held Non-Income Despite AO’s 15% Surplus Addition

December 3, 2025 330 Views 0 comment Print

The ITAT held that specific-purpose government grants for institutional development are corpus by their inherent character. The AO’s addition of ₹1.7 crore to gross receipts was quashed, emphasizing that utilized grants for setting up assets cannot be treated as income.

Banks Can Compute 36(1)(viia) on Total Income Including Capital Gains: ITAT Ahmedabad

December 3, 2025 384 Views 0 comment Print

ITAT Ahmedabad held that banks can claim deductions for provisions for bad debts on total income, including capital gains, rejecting the CIT’s restriction to business income.

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