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Archive: 27 January 2026

Posts in 27 January 2026

Reopening Invalid Where Capital Gains Already Disclosed and Taxes Paid

January 27, 2026 648 Views 0 comment Print

The Tribunal quashed reassessment proceedings after finding that the Assessing Officer already possessed complete information before issuing notice under section 148.

Lal Dora Property to Be Valued as Agricultural/Residential for Section 50C

January 27, 2026 1071 Views 0 comment Print

The issue was whether commercial usage converts agricultural or residential Lal Dora land into commercial property for stamp duty valuation. The Tribunal ruled that unless revenue records are amended, the original land classification prevails.

Bank Account Used as Conduit: Entire Credits Not Taxable; Only Commission Income Assessable

January 27, 2026 228 Views 0 comment Print

The ITAT held that gross bank credits cannot be treated as unexplained income where evidence shows the assessee merely facilitated transactions for a third party. Only a reasonable commission was directed to be taxed.

Presumptive Taxation under Section 44AD Shields Business Receipts from Separate Additions

January 27, 2026 450 Views 0 comment Print

Addressing alleged cash discrepancies and debtor recoveries, the Tribunal held that such amounts form part of presumptive business receipts. Without books or adverse evidence, additions were unjustified.

Direct ITAT Appeal Rejected Due to Failure to Approach DRP

January 27, 2026 351 Views 0 comment Print

The Tribunal held that when an eligible assessee fails to file objections before the DRP within time, a direct appeal to the Tribunal is barred. Non-compliance with section 144C renders the appeal non-maintainable.

Unsecured Loans Examined in Earlier Assessments Cannot Be Re-added on Same Material

January 27, 2026 213 Views 0 comment Print

The issue was whether unsecured loans could be added again after being accepted in prior proceedings. The Tribunal ruled that absence of new material bars reassessment on identical facts.

PF Contribution Paid Within Due Date Cannot Be Disallowed Merely Due to Typographical Error

January 27, 2026 990 Views 0 comment Print

The Tribunal held that PF contribution paid within the statutory due date cannot be disallowed due to a clerical mistake. Bank records proved timely payment, nullifying the addition.

Section 263 Order Set Aside Where Underlying Section 153C Assessment Itself Is Time-Barred

January 27, 2026 780 Views 0 comment Print

Holding the assessment void ab initio due to limitation, the Tribunal quashed the revision orders. The ruling underscores that revision cannot cure a fundamentally invalid assessment.

Reassessment Quashed for Sanction by Incompetent Authority

January 27, 2026 324 Views 0 comment Print

The Tribunal held that reassessment initiated with approval from an incorrect authority violates section 151. Such jurisdictional defect renders the section 148 notice void.

Cash Deposits of Vodafone Distributor Taxable on Estimated Basis @8%: ITAT Pune

January 27, 2026 375 Views 0 comment Print

The dispute concerned treatment of frequent cash deposits collected from customers for recharge services. The Tribunal affirmed that income should be estimated at 8% where records and compliance were lacking.

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