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Demonetisation Deposits Partly Explained, ITAT Limits 69A Addition

December 31, 2025 372 Views 0 comment Print

Cash deposits during demonetisation were treated as unexplained under section 69A. The Tribunal accepted possible redeposit of earlier withdrawals and restricted the addition to ₹2 lakh.

Cash Sales Recognised, 69A Cut to 10% GP by ITAT Delhi

December 31, 2025 588 Views 0 comment Print

The Revenue taxed entire demonetisation cash deposits as unexplained under section 69A with section 115BBE. The Tribunal held that cash sales are possible in retail trade and restricted the addition to a 10% GP estimate.

Wrong Person Assessed, ITAT Quashes Rental Income Addition

December 31, 2025 489 Views 0 comment Print

The ITAT Delhi held that rental income already assessed in the hands of an HUF cannot be taxed again in the individual’s assessment. The addition was deleted to prevent double taxation of the same income.

Relative Defined, Addition Falls: ITAT Clears ₹12 Lakh Credit

December 31, 2025 435 Views 0 comment Print

The ITAT Delhi ruled that money received from a husband qualifies as an exempt gift from a relative under section 56. Such receipts cannot be treated as unexplained income in reassessment proceedings.

Survey-Based ₹45 L Income Reopened, Final Chance Granted

December 31, 2025 270 Views 0 comment Print

The dispute arose from survey-based additions relying mainly on a statement and impounded agreement. The Tribunal held that the matter needed fresh examination and remanded it to the AO with one final opportunity.

Cultivation Evidence Reopens Capital Gains on Land Sale

December 31, 2025 438 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 567 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 426 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 1062 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 693 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.

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