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Section 43CA Relief for Marginal Variations: ITAT Mumbai Applies 10% Tolerance Retrospectively and Orders DVO Reference

February 5, 2026 366 Views 0 comment Print

The dispute involved additions made despite small variations between agreement value and stamp duty value. The Tribunal ruled that differences within 10% are immune from Section 43CA, granting relief for genuine transactions.

Section 37 Relief Granted Because Payment Was Not Hit by Pre-2015 CSR Bar

February 5, 2026 375 Views 0 comment Print

The ruling clarifies that CSR-related disallowance under Section 37(1) applies only from AY 2015-16 onwards. For earlier years, expenses with a business nexus remain deductible.

CBDT Jewellery Instruction Not Applicable to Bullion: ITAT Delhi Upholds Section 69A Addition

February 5, 2026 543 Views 0 comment Print

The issue was whether CBDT jewellery instructions could shield bullion found during a search from taxation. The Tribunal held that the instruction applies only to jewellery, not bullion, and upheld the Section 69A addition.

Demonetisation Cash Deposits Fully Explained: ITAT Delhi Deletes Entire Section 69A Addition

February 5, 2026 1242 Views 0 comment Print

The issue was whether large cash deposits during demonetisation could be taxed as unexplained under Section 69A. The Tribunal held that when deposits are backed by audited books, sales records, and accepted VAT returns, no addition can survive.

Section 54 Exemption Allowed in Full Despite Minor Delay: ITAT Delhi

February 5, 2026 771 Views 0 comment Print

The issue was whether a short delay in registering the new house defeats Section 54 relief. The Tribunal held that substantial compliance within the prescribed period is sufficient and allowed the exemption in full.

Survey Admission Alone Cannot Justify Full Disallowance: ITAT Chennai Restricts Land Development Expense Disallowance to 10%

February 5, 2026 249 Views 0 comment Print

The Tribunal held that additions based solely on a survey statement, without corroborative evidence, are unsustainable. Development expenses were largely allowed, with only a reasonable estimated disallowance retained.

Telescoping of Cash Deposits Allowed Against Cash Advances: ITAT Chennai

February 5, 2026 684 Views 0 comment Print

The issue was whether bank cash deposits could be treated as unexplained despite accepted cash advances. The Tribunal held that telescoping applies, deleting additions to avoid double taxation of the same source.

Cash Sales Recorded in Books Cannot Be Added Again Under Section 68

February 5, 2026 861 Views 0 comment Print

Cash deposits during demonetisation were held to be business receipts already recorded as sales in audited books. The tribunal ruled that taxing the same receipts again under Section 68 amounts to double taxation.

CIT(A)’s Power to Set Aside Ex-Parte Assessment Affirmed: ITAT Chennai

February 5, 2026 540 Views 0 comment Print

The Revenue challenged the appellate authoritys decision to remand an ex-parte order. The Tribunal ruled that the remand was lawful and well within statutory appellate powers.

Belated Form 10B Is a Curable Procedural Defect: ITAT Ahmedabad Condones Delay and Restores Sections 11–12 Exemption

February 5, 2026 516 Views 0 comment Print

The ruling clarifies that denial of charitable exemption for delayed Form 10B goes beyond Section 143(1). If verification is needed, it cannot be resolved through mechanical processing adjustments.

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