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Cultivation Evidence Reopens Capital Gains on Land Sale

December 31, 2025 411 Views 0 comment Print

ITAT Pune admitted affidavits and satellite images showing land under cultivation, restoring the issue to AO for reassessment. Proper evidence can overturn non-agri classification for capital gains.

Section 271E Penalty Fails When Entity No Longer Exists

December 31, 2025 474 Views 0 comment Print

ITAT Pune struck down a ₹34.28 lakh penalty issued after the company had merged, citing substantive illegality. Penalty orders must be issued in the name of a legally existing entity.

No Returns, No Evidence, Capital Spike Taxed as Unexplained

December 31, 2025 357 Views 0 comment Print

The assessee failed to file returns for two years preceding the capital increase. The Tribunal held that unexplained capital accretion must be taxed under section 68.

Section 44AD Overrides Ad-Hoc 50% Profit Estimation

December 31, 2025 963 Views 0 comment Print

ITAT Surat struck down a 50% turnover-based income estimation, applying Section 44AD to compute actual presumptive profit at 8%. Key takeaway: AO cannot inflate income without legal basis.

Reopening Quashed for Mechanical Approval Under Section 151

December 31, 2025 624 Views 0 comment Print

The Tribunal held that a bare endorsement like fit case does not amount to valid sanction. Absence of independent application of mind invalidates the entire reassessment.

Aravalli Mining Rules Stayed Over Ambiguous Definition Concerns

December 31, 2025 297 Views 0 comment Print

Concerns were raised that the definition could narrow protected areas and enable unregulated mining. The Court ordered an independent expert review before any enforcement.

Section 263 Quashed as AO Took a Plausible View on 80P Deduction

December 31, 2025 360 Views 0 comment Print

The revision questioned deduction on interest income allowed under section 80P. The Tribunal held that where the AO adopts a legally plausible view after enquiry, section 263 cannot be invoked.

Demonetisation Cash Deposits Taxed at 8% on Estimated Basis

December 31, 2025 495 Views 0 comment Print

The Revenue treated entire cash deposits as unexplained under section 69A. The Tribunal held that in an unorganised business, deposits can be treated as turnover with estimated profits.

No Exempt Income, No Section 14A Disallowance Permissible

December 31, 2025 477 Views 0 comment Print

The dispute centered on unexplained investment taxed in an incorrect year. The Tribunal ruled that such an addition is legally unsustainable and must be deleted.

Belated Form 10 Filing Cannot Deny Section 11(2) Exemption

December 31, 2025 531 Views 0 comment Print

The exemption was rejected only due to delayed electronic filing of Form 10. The Tribunal ruled that procedural delay cannot override substantive compliance made before assessment completion.

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