ITAT Hyderabad holds that Section 68 cannot apply to opening balances; remands ₹55.53 lakh addition for verification, directing AO to examine prior-year records and delete addition if no fresh credit arose during the year.
ITAT ruled that on-money represents business receipts and not pure income. Only profit portion can be taxed, rejecting full addition. The decision reinforces distinction between receipts and income.
The Tribunal restored the case as the CIT(A) confirmed additions without granting adequate opportunity of hearing. It held that failure to consider explanations violates natural justice. Key takeaway: fair hearing is essential even in faceless assessments.
The Tribunal deleted the addition under Section 69A since the evidence pertained to a partnership firm. It held that without proof of personal receipt, income cannot be taxed in the partner’s hands.
The issue was whether reassessment beyond three years is valid for small additions. ITAT held that without meeting the ₹50 lakh threshold under Section 149, the notice is void.
ITAT Hyderabad deletes ₹11.03 lakh penalty under Section 270A(9), holding that non-filing of return followed by filing under Section 148 amounts to under-reporting, not misreporting; no penalty when returned income is accepted without variation.
Even though the assessee had no business operations, claims based on disclosed assets and records were held bona fide. The Tribunal ruled that such claims do not amount to inaccurate particulars or misreporting.
ITAT Hyderabad deletes ₹66.31 lakh capital gains addition, holding that execution of JDA does not constitute transfer under Section 2(47) where no consideration is received and possession is given only for development; no taxable event arises.
The tribunal held that cash deposits cannot be treated as unexplained when sufficient recorded cash receipts exist. Once books support availability, Section 68 additions fail.
ITAT Pune rules that delay in filing Form 67 is a procedural lapse and cannot deny Foreign Tax Credit under Section 90; directs AO to grant ₹2.74 lakh FTC after verification, upholding substantive relief despite delay.
