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ITAT Mumbai Restores Ex-Parte Reassessment as Capital Gains Were Taxed in Director’s Hands Instead of Company

December 13, 2025 237 Views 0 comment Print

The tribunal found that the income addition of ₹80 lakh was incorrectly attributed to the assessee personally instead of the company, allowing the appeal to proceed on merits.

Arbitrary 3% Profit Estimation Struck Down by ITAT Hyderabad

December 13, 2025 492 Views 0 comment Print

Tribunal ruled that examining purchases was permissible under limited scrutiny for sales mismatch. However, the 3% profit estimation was found arbitrary and sent back for fresh computation.

Protective addition collapses once substantive tax paid by real owner: ITAT Rajkot

December 13, 2025 297 Views 0 comment Print

ITAT ruled that protective addition of Rs.27.74 lakh in the assessee’s hands was unjustified as the real owners of the seized gold had already been assessed.

Foreign remittance from disclosed LTCG can’t be treated as unexplained: ITAT Ahmedabad

December 13, 2025 393 Views 0 comment Print

The Tribunal deleted Rs. 1.03 crore added under Section 69A, holding that funds remitted from the USA originated from disclosed long-term capital gains. Detailed bank records and SWIFT copies substantiated the source beyond doubt.

Deemed Dividend Addition Remanded Due to Year-of-Receipt Mismatch

December 13, 2025 237 Views 0 comment Print

The issue was whether an outstanding loan could be taxed as deemed dividend in a year when no loan was received. The Tribunal held that the decisive factor is the year of payment and remanded the matter for fresh examination.

Invalid 143(2) Notice Makes Assessment Non-Est: ITAT Quashes Entire Assessment

December 13, 2025 771 Views 0 comment Print

ITAT Kolkata held that an assessment under section 143(3) is invalid if the section 143(2) notice does not comply with CBDT prescribed formats. The ruling nullifies both the assessment and related revisionary proceedings.

Section 14A Not on Auto-Pilot: Rule 8D Disallowance Quashed for Want of AO’s Satisfaction

December 13, 2025 408 Views 0 comment Print

ITAT held that Rule 8D cannot be applied automatically under section 14A; the AO must record satisfaction on the correctness of the assessee’s suomoto disallowance, quashing the incremental disallowance.

JAO Vs Faceless Regime: Reassessment Falls for Breach of Section 151A

December 13, 2025 603 Views 0 comment Print

The assessment notice issued by a Jurisdictional AO post-29.03.2022 violated the faceless assessment scheme, making the income addition void. The tribunal allowed the appeal in favor of the assessee.

Section 148A Notice Less Than 7 Days Is Void: Reassessment Quashed

December 13, 2025 585 Views 0 comment Print

Karnataka HC held that a notice under Section 148A(b) providing less than the statutory seven days is void. All consequential assessments, penalties, and demands were quashed as a result.

Hyper-Technical Rejection of Form 10B Set Aside by High Court

December 13, 2025 273 Views 0 comment Print

The Karnataka High Court held that a charitable trust should not be denied exemption merely for a delayed Form 10B filing caused by genuine oversight. A hyper-technical rejection under Section 119(2)(b) was set aside in favour of a justice-oriented approach.

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