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Reassessment Quashed for Pure Change of Opinion

November 29, 2025 303 Views 0 comment Print

The Tribunal held that reopening the assessment on the same grounds already examined in the original scrutiny amounted to an impermissible change of opinion. With no new material on record, the reassessment was found invalid. The ruling reinforces that the AO cannot revisit an earlier view in the guise of section 147 proceedings.

ITAT Deletes Addition for Ignoring Allotment Letter and Early Payment

November 29, 2025 240 Views 0 comment Print

The Tribunal held that stamp duty value must be taken as on the year of agreement when part consideration is paid through banking channels. Since the buyer paid in 2011 and received allotment in 2012, adopting 2017 stamp value was invalid. The ruling reaffirms strict application of the proviso to section 56(2)(vii)(b).

Furniture & Fixtures Count as Cost of Improvement for LTCG

November 29, 2025 471 Views 0 comment Print

ITAT Delhi held that essential house fixtures like cupboards, modular kitchen, and beds are integral to habitability and can be included in the cost of improvement. AO was directed to allow Rs. 3.50 lakh claimed in long-term capital gains computation.

Delivery Order Income Held “Directly Connected” to Air Transport, Exempt Under Article 8 UK DTAA

November 29, 2025 360 Views 0 comment Print

The Tribunal held that delivery order charges are directly connected to air-cargo transportation and fall within Article 8 of the India–UK DTAA. The ruling confirms such receipts form part of international traffic income and are not taxable in India.

Additional Evidence Leads to Remand of Section 54F Farmhouse Dispute

November 29, 2025 492 Views 0 comment Print

Tribunal allowed assessee’s application to file additional evidence proving residential nature of the property. AO is directed to re-evaluate the claim afresh, granting opportunity for hearing and considering all relevant materials and case laws.

Incentives for Market Expansion Are Capital, Not Income u/s 2(24)(xviii)

November 29, 2025 474 Views 0 comment Print

Tribunal held that MEIS/MLFPS rewards are capital receipts, not income under sections 2(24)(xviii) or 28. The ruling confirms that export-linked duty scrip sales are non-taxable when meant for market expansion.

CIT(A) Cannot Decide on Merits Without Condoning Delay – Delhi ITAT Sets Aside Order

November 29, 2025 240 Views 0 comment Print

Delhi ITAT sets aside CIT(A) order for hearing merits despite refusing to condone an eight-month delay, highlighting the need for proper legal procedure and natural justice.

Old Lady’s Inability Leads to Ex-Parte Orders – ITAT Restores Cash Deposit Case for Fresh Assessment

November 29, 2025 240 Views 0 comment Print

Tribunal held that additions made solely on ex-parte proceedings cannot stand when the taxpayer was unable to comply due to age-related limitations. The case was remanded for fresh assessment with a direction to provide proper opportunity.

Reassessment Quashed for Issuing Section 148 Notice Beyond “Surviving Period”

November 29, 2025 423 Views 0 comment Print

The ITAT annulled the entire reassessment because the Section 148 notice was issued after the Supreme Court–mandated surviving-period cutoff. The ruling confirms that any notice beyond this timeline is void ab initio.

ITAT Strikes Down 153C Order for Copy-Paste Satisfaction Without Application of Mind

November 29, 2025 561 Views 0 comment Print

The ITAT ruled that a vague, copy-paste satisfaction note cannot confer valid jurisdiction under Section 153C. Since no specific seized documents were identified, the entire assessment was struck down.

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