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Section 44AD Claim Accepted, Entire Rs. 20.23 Lakh Addition Deleted

November 27, 2025 549 Views 0 comment Print

The Tribunal allowed the assessee’s claim under Section 44AD, recognizing the small kirana shop’s sales and deposits as genuine business income. Bank deposits corresponded with daily sales, and withdrawals matched purchase requirements, showing a consistent business pattern.

Maximum Marginal Rate Applied Because Trust Selected “AOP/BOI” in ITR

November 27, 2025 294 Views 0 comment Print

 ITAT held that discretionary trusts with unknown beneficiary shares must be taxed at the maximum marginal rate unless statutory exceptions apply, restoring the matter for verification.

Kerala HC Upholds Motor Vehicle Status for Road-Adaptable Factory Machinery

November 27, 2025 606 Views 0 comment Print

The High Court held that forklifts and cranes with on/off-road capability fall within Section 2(28) and require compliance with registration and tax provisions. Machinery designed for off-highway use but capable of road travel cannot claim exemption.

Proceedings Declared Void Due to Notice Served After Assessee’s Death

November 27, 2025 393 Views 0 comment Print

The Tribunal held the reassessment invalid since notices and the final order were issued in the name of a dead assessee despite the Department being informed. Key takeaway: assessments against deceased persons are void ab initio.

Reminders Aren’t New Defaults – ITAT Chennai Reduces 272A(1)(d) Levy

November 27, 2025 870 Views 0 comment Print

The Tribunal ruled that the AO’s imposition of ₹30,000 was contrary to Section 272A(1)(d), which permits only ₹10,000 per statutory default. As only one true default existed, the excess penalty was deleted. Key takeaway: penalty must be grounded strictly in statutory authority, not administrative repetition.

Loose Excel Sheet With Wrong Seller Name Can’t Justify On-Money Addition

November 27, 2025 3603 Views 0 comment Print

Additions for alleged on-money payments were disallowed because the evidence relied on by authorities contained errors and lacked authenticity. The decision highlights the need for corroborated, primary evidence in tax proceedings.

Entire 148A and 147 Proceedings Set Aside for Being Time-Barred

November 27, 2025 618 Views 0 comment Print

The ITAT quashed the entire reassessment proceedings for AY 2015-16, observing that the foundational notice was issued after the permissible date. The ruling underscores that procedural timelines under TOLA cannot be extended retroactively. Subsequent orders based on the invalid notice were held without jurisdiction.

JAO & FAO Have Concurrent Jurisdiction; Reopening Notices u/s 148 Upheld by Delhi HC

November 26, 2025 930 Views 0 comment Print

The Delhi High Court upheld that both Jurisdictional and Faceless Assessing Officers can issue reassessment notices under Section 148, dismissing claims of FAO-exclusive authority.

SC Restores Auction Sale: Objections Not Raised in Time Cannot Be Revived Later

November 26, 2025 630 Views 0 comment Print

SC confirmed an auction sale after judgment debtors failed to raise partial-sale objections at correct stage, emphasizing strict compliance with Order XXI Rule 90(3) CPC.

Fruit Dealer Wins Juicy Relief: ITAT Squeezes Out Section 68 Addition

November 26, 2025 1284 Views 0 comment Print

ITAT held that bank deposits consistent with declared fruit business turnover cannot be treated as unexplained under section 68; the addition of ₹1.29 crore was directed to be treated as genuine receipts.

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