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No Evidence, No Rigging, No Bogus LTCG – Penny-Stock Theory Fails

November 17, 2025 5352 Views 0 comment Print

The order reiterates that mere unusual price movement or high returns do not convert a scrip into a penny stock. With identical facts earlier examined and accepted, the Tribunal followed precedent and removed all additions.

Intra-Group Services Allowed as Genuine – ALP Review Sent Back to TPO

November 17, 2025 483 Views 0 comment Print

ITAT emphasized that taxpayers must substantiate the receipt and benefit of group services, remanding the matter due to inadequate examination by lower authorities.

Leave Encashment Remanded in Light of Retrospective CBDT Notification Enhancing Limit to ₹25 Lakhs

November 17, 2025 4347 Views 0 comment Print

The ITAT ruled that the assessee’s exemption claim must be reassessed following a retrospective CBDT notification increasing the non-government leave encashment limit to ₹25 lakh. Earlier appellate decisions restricting exemption were set aside. Takeaway: retrospective amendments can reopen exemption eligibility in pending cases.

SC Deletes Damodar Prabhu Cost: No Mandatory Levy When Parties Settle in 138 NI Act Case

November 17, 2025 1437 Views 0 comment Print

The apex court removed the cost imposed to the State Legal Services Authority after parties settled a cheque dishonour dispute. The ruling confirms that prior Article 142-based cost schemes cannot mandate payment in every case. Takeaway: each settlement must be evaluated on its own merits, not by automatic precedent.

ED’s Freezing Orders Quashed for Non-Compliance with PMLA Safeguards

November 17, 2025 1923 Views 0 comment Print

The case examines whether bank-account freezing orders can stand without meeting mandatory requirements under Section 20 before invoking Section 8. The Court held that failure to follow the statutory scheme vitiated the confirmation orders. The key takeaway is that procedural lapses render downstream PMLA actions legally unsustainable.

Reassessment Notices Quashed: Time-Bar under Rajeev Bansal & Invalid Section 151 Approval

November 17, 2025 888 Views 0 comment Print

The ITAT held that a reassessment notice issued beyond the six-year limitation under Section 149 is invalid. Key takeaway: Tax authorities must strictly comply with statutory time limits.

ITAT Deletes 69A Additions as Cash Deposit from Pre-Demonetisation Balance & Flat Purchase Through Book-Entry Proven

November 17, 2025 1002 Views 0 comment Print

The Tribunal found that the assessee’s audited accounts, finalized before demonetisation, clearly established sufficient cash balance to cover the ₹14 lakh deposit. Since Revenue produced no evidence of inflation or manipulation, the addition under Section 69A could not survive.

ITAT: Suspicion Alone Can’t Justify 69A Addition on Agriculturist’s Deposits

November 17, 2025 390 Views 0 comment Print

The Tribunal noted conflicting positions regarding the evidence submitted by the assessee in support of agricultural income. Since the assessment appeared incomplete and lacked thorough verification, the case was returned to the AO. The ruling directs a fair reassessment and deletion of the addition if documentary proof is found satisfactory.

AMP Intensity & BLT Methods Rejected Again; ITAT Deletes Entire AMP Adjustment – Issues Remanded

November 17, 2025 456 Views 0 comment Print

The Tribunal applied long-standing rulings invalidating the intensity and BLT approaches for AMP benchmarking, deleting both substantive and protective adjustments. The decision underscores that such methods lack statutory support.

Section 194-IA TDS Not Triggered for Partial Ownership Below ₹50 Lakh

November 17, 2025 1677 Views 0 comment Print

The ITAT Chandigarh ruled that a co-purchaser of property is not liable to deduct TDS under Section 194-IA if their individual share is below ₹50 lakh, even if total consideration exceeds the limit. The Tribunal quashed both AO and CIT(A) orders.

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