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

December 18, 2025 435 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 444 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 258 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 228 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.

NSEL Transactions Not Unexplained Money: ITAT Kolkata Upholds Deletion u/s 69A

December 18, 2025 321 Views 0 comment Print

The Tribunal held that Section 69A applies only to money not recorded in books of account. Additions based on duly recorded, bank-routed transactions were found unsustainable.

Charitable Trust acking 12A registration cannot be taxed on gross receipt: ITAT Delhi

December 18, 2025 789 Views 0 comment Print

 ITAT Delhi directed that a trust lacking 12A registration cannot be taxed on gross receipts; only surplus income applied outside charitable purposes is taxable.

₹50 Lakh Threshold Is Mandatory: ITAT Delhi Quashes Reassessment of Foreign Company as Time-Barred

December 18, 2025 519 Views 0 comment Print

LL Global Inc. Vs ACIT (ITAT Delhi) ₹50 Lakh Threshold Is Mandatory: ITAT Delhi Quashes Reassessment of Foreign Company as Time-Barred Delhi ITAT (Bench ‘D’) quashed the reassessment proceedings initiated u/s 147 r.w.s. 148, holding them to be barred by limitation under the amended law. The Tribunal noted that the notices u/s 148 were issued […]

CIT(E) Can’t Sit in Judgment Like AO: ITAT Delhi Restores 12AB & 80G Registration to Charitable Trust

December 18, 2025 540 Views 0 comment Print

ITAT Delhi ruled that CIT(E) cannot evaluate the merit of charitable activities when granting 12AB/80G registration, restoring the trust’s exemptions. Procedural overreach by tax authorities cannot deny valid registration.

Brokerage Is Turnover, Not Client Trades: ITAT Delhi Deletes 271B Penalty on Sub-Broker

December 18, 2025 390 Views 0 comment Print

ITAT Delhi ruled that a sub-broker’s turnover includes only brokerage income, not total client transactions, and deleted ₹1.5 lakh penalty under Section 271B.

Portal Silence Can’t Kill Appeal: ITAT Delhi Orders Condonation of 321-Day Delay in Faceless Regime

December 18, 2025 402 Views 0 comment Print

ITAT allowed condonation of a 321-day delay in appeal filing, emphasizing procedural fairness when assessment orders are delivered electronically.

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