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Bogus Purchase Disallowance Held in Abeyance Due to HC Pending Cases

December 13, 2025 807 Views 0 comment Print

ITAT Raipur remands bogus purchase disallowance for a rice miller, awaiting the High Court’s ruling. The case will be reconsidered de novo following legal principles once HC decides.

Order Set Aside as CIT(A) Relied on Additional Evidence Without Remand Report

December 13, 2025 1581 Views 0 comment Print

Revenue challenged deletions of additions in a scrutiny assessment, highlighting procedural lapses under Rule 46A. Tribunal remitted the matter for fresh adjudication considering additional evidence filed by the assessee.

Addition Deleted as Based Solely on Unverified Third-Party Information Without Evidence Linking Assessee

December 13, 2025 3225 Views 0 comment Print

The Tribunal upheld CIT(A)’s deletion of Rs. 10,00,059/- as the addition was based solely on uncorroborated third-party information. No primary evidence linked the assessee to the alleged accommodation entries.

Delayed Form 10B is Curable Procedural Lapse: ITAT Ahmedabad

December 13, 2025 1302 Views 0 comment Print

Tribunal rules that procedural delay in filing Form 10B does not bar exemption under sections 11 and 12, following Supreme Court guidance on procedural lapses.

No Section 143(2) Notice, No Jurisdiction: Reassessment Declared Null & Void

December 13, 2025 1047 Views 0 comment Print

ITAT quashed a reassessment under section 147 as the AO failed to issue the mandatory notice under section 143(2), rendering the assessment legally invalid.

Assessment Quashed as Final Order Passed Beyond Section 153 Time Limit: ITAT Hyderabad

December 13, 2025 1362 Views 0 comment Print

The ITAT Hyderabad held that section 144C cannot override outer time limits under section 153. Assessments passed beyond statutory deadlines are void, reinforcing strict compliance with limitation periods.

Commission Not Bogus When Payee Exists & Taxed: ITAT Deletes ₹51.37 Lakh Disallowance

December 13, 2025 627 Views 0 comment Print

Tribunal held that commission could not be treated as bogus where the recipient company’s existence was established through income tax returns, refunds, and official records, leading to deletion of the disallowance.

Rule 37BA Cannot Override Section 5A While Granting TDS Credit to Goa Residents

December 13, 2025 900 Views 0 comment Print

ITAT Pune ruled that Section 5A overrides Rule 37BA, granting full TDS credit of ₹45.28 lakh to a Goa resident whose wife did not claim her share, rejecting CPC’s proportionate restriction

Profit Capped at 7% Because Search Confession Could Not Be Applied to Past Years

December 13, 2025 351 Views 0 comment Print

Rakesh Kumar Pandey Vs ACIT (ITAT Lucknow) 7% Is Reasonable, 11% Is Wishful: ITAT Reins in Profit Estimation in Contractor’s Case- When Books Are Estimated, Disallowances Die: ITAT’s Clean Sweep in Search Assessment- Search Confession Can’t Rewrite Past: ITAT Caps NP at 7% & Deletes Pre-Search Additions Issue 1: Estimation of Net Profit after Search […]

Cash Deposit Explained, Books Not Rejected: Section 68 Addition Collapses

December 13, 2025 624 Views 0 comment Print

ITAT Kolkata dismissed Rs. 6.52 crore addition under section 68, holding that cash deposits were substantiated by audited books and AO failed to reject accounts or prove them unexplained.

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