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Ca Pawan Garg

Latest Posts by Ca Pawan Garg

Section 14A Cannot Apply When No Exempt Income Exists: ITAT Delhi

April 1, 2026 228 Views 0 comment Print

The Tribunal held that Section 14A cannot be invoked in absence of exempt income. It clarified that taxable dividend income eliminates the basis for disallowance.

ITAT Deletes Addition as Income Was Disclosed Despite Wrong Schedule Entry

April 1, 2026 318 Views 0 comment Print

The Tribunal held that reporting income in the wrong schedule does not amount to concealment. It ruled that tax cannot be levied when income is already disclosed, even if incorrectly classified.

Reassessment Quashed as Mechanical Approval u/s 151 & Jurisdiction Wrongly Assumed by ITO

March 27, 2026 717 Views 0 comment Print

The issue was whether approval under Section 151 granted without reasons is valid. The Tribunal held mechanical approval invalid, rendering the reassessment void and unsustainable.

ITAT Delhi Quashes Reassessment as Wrong Explanation Invoked & Casual Approval

March 24, 2026 264 Views 0 comment Print

The tribunal held that reopening of assessment was invalid due to invocation of the wrong Explanation under Section 147 despite a completed assessment under Section 143(3).

Section 68 Addition Upheld as Credit Entry Year Determines Taxability not year of Receipt in Bank

March 23, 2026 477 Views 0 comment Print

The Tribunal held that unexplained cash credits must be taxed in the year they are recorded in the books, not when allegedly received. Since the ₹80 lakh was credited in AY 1997–98, the addition under Section 68 was upheld despite claims of earlier receipt.

Reassessment Invalid if No Addition on Original Issue; AO Cannot Add on Other Grounds

March 20, 2026 597 Views 0 comment Print

The tribunal held that reassessment fails if no addition is made on the issue cited for reopening. Additions on unrelated grounds were declared beyond jurisdiction.

Foreign Tax Credit (FTC) Allowed Despite Delay in Filing Form No. 67

March 19, 2026 639 Views 0 comment Print

The Tribunal held that delay in filing Form 67 is a procedural lapse. It restored the matter to the AO to verify and allow Foreign Tax Credit if eligible.

No digital/physical signatures of approving authority – Section 148 notice quashed

March 19, 2026 1089 Views 0 comment Print

The Tribunal held reassessment invalid as no proper sanction under Section 151 was produced. The notice under Section 148 was quashed, making all additions unsustainable.

Father Cannot Represent Son Before ITAT – No Right of Appeal: ITAT Delhi

March 18, 2026 483 Views 0 comment Print

The Tribunal rejected appeals filed by the assessee s father despite claims that the assessee was untraceable. It clarified that absence of the assessee does not authorize relatives to file appeals. Legal standing is mandatory for invoking appellate jurisdiction.

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