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Bona Fide Limitation Misconception Accepted: 138-Day Delay Issue Sent Back to CIT(A)

December 19, 2025 246 Views 0 comment Print

The issue was dismissal of an appeal for delay without examining merits. The Tribunal held that a bona fide misunderstanding of limitation can justify condonation and remanded the matter for fresh adjudication.

Warranty Provision Allowed Despite Large Opening Balance: ITAT Delhi

December 19, 2025 450 Views 0 comment Print

The ITAT held that warranty provisions based on past experience are deductible even if a sizeable opening balance exists. Estimated future obligations from past sales qualify as allowable business expenditure.

Appeals Restored After Delay Condoned Due to Consultant Lapse

December 19, 2025 324 Views 0 comment Print

The issue was whether appeals dismissed as time-barred should be revived when delay was caused by a tax consultant. The Tribunal condoned the delay and restored the cases for merits-based adjudication.

No Independent Enquiry, No Addition: ITAT Sets Aside ₹5.50 Lakh u/s 69A

December 19, 2025 909 Views 0 comment Print

The ITAT ruled that section 69A cannot be invoked unless ownership of cash is established. Mere third-party seized ledgers without recovery of money are insufficient to sustain an addition.

Fake Degree Scam: Personal Properties Upheld as Proceeds of Crime by SAFEMA

December 19, 2025 666 Views 0 comment Print

The Tribunal confirmed that personal and university-linked assets of accused in a massive fake degree fraud are liable to attachment under PMLA, emphasizing that illicit proceeds include property acquired through fraudulent schemes.

VSV Form-3 Without Payment Doesn’t Bar Appeal: ITAT Mumbai Deletes ₹7.65 Lakh Demonetisation Addition

December 19, 2025 639 Views 0 comment Print

The Tribunal ruled that unexplained money provisions cannot be applied on conjectures when the source of cash is reasonably explained. With no dispute on withdrawals and savings, the demonetisation-period addition failed on merits.

Statutory Appeals Demand Merit Review: ITAT Corrects NFAC Approach

December 19, 2025 381 Views 0 comment Print

The ITAT emphasised that dismissal of appeals without dealing with substantive grounds is legally untenable. NFAC was directed to rehear the reassessment appeals after granting reasonable opportunity.

Pre-2016 Property Transfers Can Still Be Benami If Held Post-Amendment

December 19, 2025 423 Views 0 comment Print

The SAFEMA Tribunal confirms that even properties transferred before the 2016 amendment fall under benami rules if the property continues to be held by the benamidar. This ensures all ongoing holdings remain accountable under the Act.

Benami Transaction Upheld Due to Direct Payment and Future Benefit

December 19, 2025 465 Views 0 comment Print

SAFEMA Tribunal confirms attachment of property bought in a third party’s name where the actual consideration was paid directly by the appellant, highlighting that future benefit validates a benami transaction.

NFAC Can’t Summarily Dismiss Without Merits: ₹5.71 Crore Assessment Sent Back for Fresh Appeal

December 19, 2025 396 Views 0 comment Print

The Tribunal ruled that CIT(A) must pass a speaking order addressing all grounds raised. Failure to do so vitiates the appellate order, regardless of assessee’s non-compliance.

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