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Multiple Opportunities Ignored: ITAT Declines to Exercise Discretion

December 19, 2025 285 Views 0 comment Print

Despite granting several chances to appear and explain delays, the Tribunal found no genuine effort by the appellant. Discretionary relief like condonation will not be extended where conduct shows indifference.

Mechanical Rejection of Section 12AB Application Set Aside by ITAT

December 19, 2025 408 Views 0 comment Print

Delhi ITAT observed that cancelling provisional registration without considering submitted documents amounts to arbitrary exercise of power. Such orders must be reconsidered after granting proper opportunity of hearing.

CIT(A) Directed to Reassess Appeal After Ex-Parte Dismissal

December 19, 2025 246 Views 0 comment Print

ITAT Dehradun held that dismissing an appeal without addressing all grounds contravenes natural justice and remanded the matter to CIT(A) for fresh adjudication.

Tribunal Flags Error in Applying Section 14A to Non-Yielding Investments

December 18, 2025 303 Views 0 comment Print

The ITAT found that Rule 8D cannot be applied blindly without examining the nature of investments and income earned. The matter was restored to the Assessing Officer to verify whether investments were stock-in-trade and whether they yielded exempt income.

Unsigned Appeal Not Maintainable: ITAT Mumbai Dismisses Case, Allows Recall

December 18, 2025 216 Views 0 comment Print

The ITAT dismissed the appeal in limine after the assessee failed to rectify signing and verification defects despite multiple opportunities. Signing of appeal documents was held to be foundational to maintainability.

Scrutiny Assessment Set Aside Due to Invalid 143(2) Notice

December 18, 2025 993 Views 0 comment Print

The Tribunal held that an assessment framed without a valid notice under Section 143(2) by the jurisdictional officer is void. Jurisdictional compliance is mandatory.

Section 68 Addition Deleted After Investors Prove Identity, Genuineness and Creditworthiness

December 18, 2025 252 Views 0 comment Print

The ITAT upheld deletion of a major share premium addition after finding that all investors complied with notices under Section 133(6) and furnished requisite documents. The ruling reiterates that once the three ingredients of Section 68 are satisfied, the burden shifts to the Revenue.

No Book Rejection, No Adhoc Profit: ITAT Mumbai Deletes 1% Closing Stock Addition

December 18, 2025 306 Views 0 comment Print

The Tribunal held that estimating closing stock without rejecting books or identifying defects is unsustainable. Mere assumptions of revenue leakage cannot justify additions.

Delay Condoned ≠ Merits Heard: ITAT Mumbai Remands Faceless Appeal for Fresh Adjudication

December 18, 2025 180 Views 0 comment Print

ITAT Mumbai held that condoning a delay in filing an appeal does not replace the right to present submissions on merits and remanded the case for fresh adjudication.

Section 80IC Deduction Allowed: ITAT Delhi Rejects Sham Amalgamation Claim

December 18, 2025 150 Views 0 comment Print

The Tribunal held that amalgamation approved by the High Court cannot be treated as a sham or business reconstruction. Deduction under Section 80IC was upheld as the eligible unit continued unchanged.

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