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Archive: April, 2026

Posts in April, 2026

ITAT Mumbai: Penalty Not Automatic on Disallowances – Major Relief in Depreciation Expense Claims

April 27, 2026 324 Views 0 comment Print

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.

No Capital Gains on JDA Without Consideration or Possession Transfer: ITAT Deletes Addition

April 27, 2026 644 Views 0 comment Print

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.

ITAT Mumbai: Section 68 Additions Collapse – No “Source of Source” for Firms, Evidence Overrides Suspicion

April 27, 2026 516 Views 0 comment Print

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.

Foreign Tax Credit Allowed Despite Delay in Form 67 – Procedural Lapse Not Fatal

April 27, 2026 363 Views 0 comment Print

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.

Cash Deposits from Car Booking Advances Explained: ITAT Deletes ₹27.40 Lakh Addition u/s 69A

April 27, 2026 309 Views 0 comment Print

ITAT Mumbai deletes ₹27.40 lakh addition under Section 69A, holding cash deposits as genuine business advances for car bookings, duly supported by confirmations, PAN, and invoices; non-response of customers cannot justify addition without proper verification.

ROC Mumbai Imposed Penalty for Failure to Maintain Registered Office Address

April 27, 2026 555 Views 0 comment Print

The case involved non-maintenance of a functional registered office, evidenced by undelivered official communication. The authority imposed penalties, highlighting strict compliance with Section 12 requirements.

Duplicate DIN Held for 1,090 Days Triggers Heavy Penalty Despite Honest Error

April 27, 2026 383 Views 0 comment Print

The case addressed prolonged possession of two DINs due to an inadvertent mistake. The authority imposed a ₹48,958 penalty, holding that duration of default justifies financial consequences despite bona fide intent.

Duplicate DIN Violation Leads to Penalty Despite Genuine Mistake

April 27, 2026 444 Views 0 comment Print

This case examines whether an unintentional duplicate DIN attracts penalties under company law. The authority held that liability is strict, imposing a ₹50,000 penalty despite acknowledging bona fide conduct.

ITAT Mumbai: On-Money Addition Crumbles Without Evidence – Platinum Mall Case

April 27, 2026 441 Views 0 comment Print

The ruling clarified that unverified electronic records and third-party statements cannot justify additions without proper verification. The absence of direct linkage and corroboration led to deletion of additions.

Reassessment Quashed: 148 Notice Issued Post 01.04.2021 Without Following New Law Held Invalid

April 27, 2026 564 Views 0 comment Print

ITAT Hyderabad quashes reassessment as Section 148 notice, though dated 31.03.2021, was actually issued on 01.04.2021; failure to follow mandatory Section 148A procedure and obtain proper approval rendered proceedings invalid.

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