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Commission-Based Business Proven: Tribunal Rejects Section 44AD and Upholds 5% Profit Rate

December 10, 2025 753 Views 0 comment Print

ITAT held that the assessee operated as a commission agent, not a trader, making Section 44AD inapplicable. A reasonable 5% estimation on cash deposits was upheld.

₹3.32 Cr 69A Addition Remanded as Legal Grounds Not Examined

December 10, 2025 393 Views 0 comment Print

The ITAT ruled that unresolved legal grounds—especially on reassessment validity—must first be decided by the CIT(A). The ₹3.32 crore Section 69A addition is remanded for proper adjudication.

ITAT Cuts Additions from Rs.13.91 Lakh to Rs.1.39 Lakh Using 10% Estimate

December 10, 2025 228 Views 0 comment Print

The Tribunal held that the AO found no fabricated or false documents for agricultural or tuition income. Since evidence existed but was incomplete, ITAT applied a 10% estimate and cut the addition drastically.

Tribunal Restores Section 12A Exemption Despite CPC’s Technical Objection

December 10, 2025 864 Views 0 comment Print

ITAT Ahmedabad rules that a charitable trust’s exemption under Sections 11 and 12 cannot be denied due to a technical mismatch in reporting new 12AB registration in the ITR. The substantive validity of the original 12A registration ensures continuity of exemption.

Rural Land Claim Fails – ITAT Confirms Rs. 2.92 Cr LTCG Addition

December 10, 2025 267 Views 0 comment Print

ITAT confirmed Rs.2.92 crore long-term capital gain as the assessee failed to prove that the land sold was used for agriculture, sustaining the AO’s and CIT(A)’s orders.

Books Not Produced Earlier – Section 145(3) Rejection Restored for Fresh Verification

December 10, 2025 573 Views 0 comment Print

ITAT Agra restored AO’s 145(3) rejection and additions under sections 68 & 41(1) for re-verification, directing assessee to produce complete books and supporting documents. The matter requires factual verification to ensure substantial justice.

Repayment Proves Genuineness – Unsecured Loans Accepted, Addition Removed

December 10, 2025 435 Views 0 comment Print

ITAT Pune deletes Rs.17.90L addition u/s 68 as LLP proved genuineness, identity & repayment of unsecured loans; appeal allowed in full.

LTCG on JDA Year Reopened: Tribunal Sends Case Back for Proper Verification

December 10, 2025 183 Views 0 comment Print

ITAT Pune restored LTCG issue for AY 2015-16 to CIT(A)/NFAC, directing assessee to submit cost details & evidences, ensuring proper verification and fair adjudication.

ITAT Dismisses Rs. 24 Crore Additions Over Third-Party Documents

December 10, 2025 510 Views 0 comment Print

Additions based on decoded entries from a third-party cash book were struck down, as they did not align with the assessee’s audited books or bank statements, reinforcing the ‘dumb document’ principle.

Penalty Deleted After ITAT Quashes Quantum Addition

December 9, 2025 1209 Views 0 comment Print

The ITAT held that a penalty under section 271(1)(c) cannot survive once the underlying quantum addition is deleted by a binding ITAT order. The Revenue’s appeal was dismissed as no stay or direction from the High Court could revive the deleted quantum.

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