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ITAT Rules Employer Advances Cannot Be Treated as Unexplained Money Without Verification

December 12, 2025 264 Views 0 comment Print

The Tribunal held that employer-provided business advances cannot be classified as income under Section 69A without proper verification, remanding the case for limited review of TDS and expense records.

Assessment Under Section 147/144 Struck Down for Not Issuing Section 143(2) Despite Valid Return

December 11, 2025 936 Views 0 comment Print

The Tribunal found that even a belated return filed in response to a Section 148 notice remains a valid return requiring a 143(2) notice. Because this mandatory notice was never issued, the reassessment order was declared illegal and set aside.

Survey-Based 8% Estimation Cut to 4%: ITAT Ensures Parity With Parents’ Cases

December 11, 2025 255 Views 0 comment Print

ITAT held that the AO’s 8% estimation had no support from comparables or past margins. Applying consistency with earlier family-group cases, profit was fixed at 4% and the unexplained investment addition became academic.

Temple Vazhipadu vs Demonetisation: ITAT Deletes SBN Addition of Rs. 1.45 Lakh

December 11, 2025 300 Views 0 comment Print

The Tribunal held that ₹1.45 lakh in specified notes came from genuine vazhipadu collections and that the authorities wrongly rejected a plausible explanation.

Vivad se Vishwas Opt-Out Does Not Bar Tax Appeal: ITAT Decision

December 11, 2025 312 Views 0 comment Print

Even though the assessee had opted for DTVSVA, the non-payment of tax meant the settlement did not materialize. The Tribunal restored the appeal to CIT(A) to examine all submitted evidence, ensuring a fair opportunity to contest additions.

Section 96 Overrides Income Tax for Post-2014 Land Acquisitions

December 11, 2025 1737 Views 0 comment Print

Karnataka HC confirms that compensation for land acquired under National Highways Act after 01.01.2014 is fully exempt under Section 96 of RFCTLARR Act, preventing any TDS or income tax deduction.

Kerala HC Denies Temple Tax Exemption as Section 10(23BBA) Covers Only Statutory Bodies

December 11, 2025 2199 Views 0 comment Print

Court held that exemption under Section 10(23BBA) applies only to bodies constituted under State enactments, not to temples or deities whose income is separately taxable. Temples must seek relief under Sections 11–12 instead.

Mother–Son Gifted Land Misinterpreted as Sale: ITAT Delhi Remands Case to CIT(A)

December 11, 2025 489 Views 0 comment Print

Tribunal held that denying opportunity to submit evidence amounts to potential miscarriage of justice. CIT(A) directed to reconsider income addition after evaluating all documents.

Income Tax Appeals Filed Before Wrong Bench Dismissed with Liberty to Refile

December 11, 2025 324 Views 0 comment Print

ITAT held that appeals filed with incorrect jurisdiction cannot be heard. All four appeals dismissed, but assessee allowed to refile before correct bench.

TDS Demand Deleted as Section 201 Proceedings Filed Beyond Limitation: ITAT Delhi

December 11, 2025 903 Views 0 comment Print

ITAT ruled that Section 201 proceedings initiated beyond four years are legally untenable. Since the 201(1) order for AY 2016-17 was issued after the limitation period, the entire TDS demand was deleted. Tribunal held that date of knowledge is irrelevant for limitation.

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