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ITAT Protects Assessee’s Rights: ₹2.19 Cr Addition Reassessed

December 5, 2025 255 Views 0 comment Print

The Tribunal remanded the appeal after the CIT(A) did not consider additional evidence filed under Rule 46A. The assessee can now submit confirmations to substantiate claims. Key takeaway: procedural lapses should not prevent merit-based adjudication.

Form 10B Filed Before Due Date: ITAT Allows Section 11 Exemption

December 5, 2025 309 Views 0 comment Print

The assessee’s exemption under section 11 was initially denied as Form 10B was filed after the return. The court held that timely availability before assessment suffices. Key takeaway: Section 11 benefits apply if Form 10B is accessible during assessment.

ITAT Rectifies Overestimated Income: ₹6.59Cr Addition Slashed Drastically

December 5, 2025 261 Views 0 comment Print

An addition of ₹14,54,029/- was challenged on sundry creditor differences. The tribunal found total liabilities in the audited balance sheet matched the ITR. Key takeaway: Proper accounting of provisions ensures no unwarranted addition.

Section 56(2)(viib) Addition Unsustainable Due to Improper Rejection of DCF

December 5, 2025 534 Views 0 comment Print

The Tribunal held that DCF valuation cannot be discarded merely because projections differ from actual results. AO’s failure to refer the matter to a Valuation Officer rendered the Section 56(2)(viib) addition unsustainable.

Search-Based Penalties Collapsed: Additions Were Only Disallowances, Not Undisclosed Income

December 5, 2025 411 Views 0 comment Print

The Tribunal ruled that Explanation 5A applies only when the assessee is found possessing undisclosed tangible assets, which was not established. Since no such assets were discovered and the additions came from routine assessments, the penalty under section 271(1)(c) could not stand. This clarifies that the deeming fiction under Explanation 5A is not automatic.

No Proof of Mala Fide Conduct – Appeal Referred Back to CIT(A)

December 5, 2025 330 Views 0 comment Print

The Tribunal held that the CIT(A) failed to pass a reasoned speaking order and dismissed the appeal ex-parte without proving deliberate non-compliance. The matter was remanded with one final opportunity, reinforcing natural justice requirements.

Communication Gap in Faceless Regime: ITAT Sends Matter Back to CIT(A)

December 5, 2025 321 Views 0 comment Print

Tribunal held that the CIT(A)’s ex-parte order violated natural justice. The matter was remanded for a fresh decision with proper opportunity to the assessee.

Bank-Routed Agricultural Expenditure Not Unexplained Under Section 69C

December 5, 2025 396 Views 0 comment Print

ITAT Chandigarh deleted ₹38.70 Lakh addition as unexplained expenditure, holding that fully bank-routed agricultural expenses cannot be disallowed merely due to missing bills. The Tribunal confirmed that legitimate orchard expenses on labor, fertilizers, and packing are deductible from agricultural income.

Sudarshan Kriya Programs Recognized as Charitable Education & Medical Relief

December 5, 2025 672 Views 0 comment Print

The Tribunal directed the AO to verify conditions for exemption of receipts from tribal-area schools, confirming the Trust’s eligibility. The ruling reinforces that factual verification cannot override established charitable purposes and exemptions.

Demonetization Cash Deposit: 69 Addition Sustained but 115BBE @60% Not Applicable Before 01.04.2017

December 5, 2025 387 Views 0 comment Print

Tribunal directs AO to apply the 30% tax rate on unexplained cash deposits during Nov–Dec 2016, citing Madras High Court ruling, partially allowing assessee’s appeal.

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