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Section 54 Exemption Allowed as Investment Was Made Within 2 Years Despite No CGDS Deposit

May 18, 2026 600 Views 0 comment Print

ITAT Indore held that Section 54 exemption cannot be denied merely for failure to deposit capital gains in the Capital Gain Deposit Scheme. The Tribunal ruled that actual investment in a new residential house within the prescribed two-year period satisfies the substantive requirement.

ITAT Deletes Section 68 Addition Since Opening Loan Balances Cannot Be Taxed Again

May 18, 2026 846 Views 0 comment Print

The Delhi ITAT held that opening balances of unsecured loans cannot be treated as unexplained cash credits under Section 68 when no fresh funds were received during the relevant year. The Tribunal deleted additions after finding that the Assessing Officer wrongly included brought-forward balances.

ITAT Delhi Deletes Capital Addition as No Liability Cessation Was Proved

May 15, 2026 315 Views 0 comment Print

ITAT Delhi held that addition under Section 41(1) cannot be made without proving cessation of liability. The Tribunal found that family loans continued to remain payable and were merely reclassified in the capital account.

ITAT Quashes Assessment Due to Non-Supply of Search Material

May 15, 2026 714 Views 0 comment Print

ITAT Raipur held that additions based on server data, search records, and investigation reports cannot survive if such material is not supplied to the assessee. The Tribunal ruled that denial of rebuttal opportunity violates principles of natural justice.

Section 80GGC Deduction Denied Due to Suspicious Political Donation

May 15, 2026 1608 Views 0 comment Print

The Tribunal upheld disallowance of deduction under Section 80GGC after finding the political donation lacked genuineness. The ruling highlights that payments through banking channels alone cannot establish a valid deduction when surrounding facts indicate accommodation entries.

ITAT Deletes Section 68 Addition Because Cash Deposits Were Supported by Recorded Sales

May 15, 2026 681 Views 0 comment Print

The Tribunal held that cash deposits during demonetisation cannot be treated as unexplained when backed by audited books, invoices, stock records, and VAT returns. The ruling clarifies that genuine business sales cannot trigger Section 68 merely due to acceptance of old currency notes.

ITAT Deletes Section 270A Penalty Due to Defective Notice and Bona Fide Reliance on Form 16

May 15, 2026 774 Views 0 comment Print

The Tribunal ruled that non-specification of the precise statutory charge under sections 270A(2) and 270A(9) violated principles of natural justice. Penalty proceedings were therefore held invalid and unsustainable.

ITAT Deletes Addition as WhatsApp Chats Lacked Section 65B Certification

May 15, 2026 5127 Views 1 comment Print

The Tribunal ruled that addition of alleged undisclosed income could not be sustained merely on the basis of WhatsApp chats without supporting enquiry or evidence. It held that the department failed to establish any actual transaction involving the assessee.

Assessment Quashed as Department Failed to Share Incriminating Search Material

May 15, 2026 738 Views 0 comment Print

The Tribunal quashed the assessment after finding that crucial JSK Server data, screenshots, and investigation records were never provided to the assessee. The ruling reiterates that additions based on undisclosed evidence violate principles of natural justice.

Ad Hoc Profit Addition Deleted as Books of Account Were Never Rejected by AO

May 14, 2026 549 Views 0 comment Print

ITAT Bangalore held that profit cannot be estimated arbitrarily when regular books of account are maintained and not rejected under the Income Tax Act. The Tribunal ruled that mere decline in net profit rate does not justify ad hoc additions without evidence of suppressed sales or inflated expenditure.

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