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PCIT-263 Upheld for Inadequate Inquiry in Search Assessment: ITAT Mumbai

January 23, 2026 300 Views 0 comment Print

The issue was whether revision under Section 263 was valid when the Assessing Officer accepted returns without proper inquiry after a search. The Tribunal upheld revision, holding that lack of meaningful verification made the assessment erroneous and prejudicial to revenue.

Section 69C Not Invokable: ITAT Mumbai Dismisses Revenue Appeal in Bogus 80GGC Case

January 23, 2026 780 Views 0 comment Print

The issue was whether alleged commission on bogus donations could be taxed as unexplained expenditure. The Tribunal held that once the donation amount itself is offered to tax, the source stands explained and Section 69C cannot be invoked.

Section 54 Deduction Allowed Even If Original Return Was Not Filed: ITAT Mumbai

January 23, 2026 7365 Views 0 comment Print

The Tribunal held that a Section 54 exemption can be claimed in a reassessment return if it directly relates to escaped income. Delay or non-filing of the original return under Section 139(1) alone cannot defeat a substantive deduction.

No Section 271AAA Penalty Where Search Disclosure Was Proper: ITAT Kolkata

January 23, 2026 612 Views 0 comment Print

The issue was whether penalty could be levied despite disclosure of undisclosed income during search. The Tribunal held that when the assessee explains the manner of earning income and pays due tax, no penalty is leviable.

Bogus Purchases: ITAT Mumbai Restricts Addition to 5% Where Sales Are Undisputed

January 23, 2026 690 Views 0 comment Print

The issue was whether a flat 12.5% disallowance on alleged bogus purchases was justified. The Tribunal ruled that when sales are accepted and books are not rejected, only a lower, reasonable estimation can apply, capping it at 5%.

ITAT Mumbai Deletes On-Money Additions u/s 69/69B; No Cross-Examination of Excel Data

January 23, 2026 819 Views 0 comment Print

The Tribunal deleted additions made solely on third-party Excel data after holding that denial of cross-examination of the key witness violated natural justice. The ruling confirms that such denial is fatal where the statement forms the foundation of the addition.

Penalty on Estimated Bogus Purchases Unsustainable: ITAT Pune

January 23, 2026 618 Views 0 comment Print

The issue was whether penalty under section 271(1)(c) can be levied when bogus purchases are disallowed on an estimated basis. The Tribunal held that estimation does not establish concealment, making the penalty unsustainable.

ITAT Mumbai Quashed Section 69 On-Money Additions for Natural Justice Breach

January 23, 2026 1212 Views 0 comment Print

The case examined additions made in Section 153C assessments based on third-party search material. The Tribunal ruled that additions cannot stand unless incriminating documents are furnished to the assessee.

Cash Gifts From Relatives Not Taxable; Section 68 Addition Quashed by ITAT Kolkata

January 23, 2026 2118 Views 0 comment Print

The Tribunal held that cash gifts received from relatives covered under section 56(2)(vii) cannot be taxed as unexplained credits. Once identity, creditworthiness, and genuineness are proved, section 68 has no application.

153C Time-Barred: ITAT Kolkata Quashes Notice Based on Seized Digital Material

January 23, 2026 480 Views 0 comment Print

The issue was whether Section 153C proceedings could continue when seized material was handed over after 01.04.2021. The Tribunal ruled that such notices are barred by law, rendering the assessment void.

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