Tribunal clarified that mere generation or digital signing on ITBA does not mean a notice is issued. Proper dispatch to the assessee’s email or portal before the statutory deadline is required for validity.
The Tribunal found that the assessee’s net worth was substantially higher than the value of its investments, creating a presumption that investments were made from own funds. As no interest expenditure was linked to exempt income, the AO’s disallowance under Section 14A was held unsustainable.
ITAT held that a 147 reopening based on the incorrect assumption that no return was filed is invalid. Since the assessee proved the return was filed, the entire reassessment was quashed.
The Tribunal ruled that reopening based solely on an Insight Portal flag without independent verification is invalid. It held that absence of tangible material and incorrect factual assumptions renders the entire 147 proceeding void.
ITAT held that reassessment notices issued beyond three years require approval from PCCIT/PDGIT, not PCIT. The invalid sanction vitiated all proceedings, following Rajeev Bansal.
ITAT held that reassessment based solely on earlier-examined facts is invalid. Since shares were sold through a SEBI broker and gains were already taxed, no Section 68 addition could survive.
ITAT held that the AO cannot rely only on loss-making trades while ignoring profitable ones, upholding deletion of additions made under Project Falcon.
The Tribunal upheld that textile sales were not genuine, sustaining commission estimation at 3% of turnover. Additions under section 68 were remitted to the Assessing Officer due to lack of documentary evidence.
ITAT Mumbai confirmed all expense disallowances and additions for unexplained share capital, premium, and warrants. The assessee failed to prove genuineness or creditworthiness, and identity alone was insufficient under section 68.
ITAT Mumbai ruled that additions under section 68 cannot stand in an unabated year without incriminating material from a search. External reports or third-party statements were insufficient, and the full addition was deleted.
