The ITAT Rajkot set aside reassessment proceedings initiated under Section 148 against a firm that had previously converted into a private limited company. The Tribunal held that a notice issued in the name of a non-existent entity strikes at the root of jurisdiction and renders the entire assessment void ab initio.
The Supreme Court struck down Bihar Registration Rules requiring proof of Jamabandi/mutation for property registration. The Court ruled that mutation is a fiscal entry that does not confer title, and making it mandatory for registration is ultra vires the Registration Act, 1908.
The ITAT Delhi deleted additions made under Section 153A for unabated/completed assessment years (AYs 2013-14 to 2016-17) following a search. The ruling strictly applied the Supreme Court’s mandate in Abhisar Buildwell that additions in completed years require the finding of incriminating material during the search.
The Court reiterated that mere drafting labels cannot convert a settlement clause into an arbitration agreement. Since Clause 8.28 only contemplated conciliation and allowed recourse to courts, it failed to reflect intent for binding adjudication by an independent arbitrator.
The Supreme Court held that an appellate decree passed in favour of deceased appellants is a nullity. As no legal heirs were substituted, the appeal automatically abated, and the original trial court decree revived and became executable.
The Supreme Court upheld the disqualification of a councillor for suppressing her Section 138 NI Act conviction in her nomination affidavit. The Court ruled that concealment of criminal records violates voters’ right to informed choice and voids election results.
The Supreme Court set aside lower court decrees, holding that an unregistered “Palupatti” (family partition memo) is admissible for the collateral purpose of proving severance of joint family status and separate possession. This ruling confirms that a family arrangement, when corroborated by conduct and revenue records, validates the disruption of joint ownership.
The ITAT Mumbai affirmed that when a taxpayer’s sales and stock levels are accepted, the entire value of alleged bogus purchases cannot be disallowed. Following judicial consistency in cases involving the Bhanwarlal Jain Group, the Tribunal restricted the addition to only 3% of the disputed purchase value, representing the estimated profit element.
The ITAT Bangalore clarified that the presence of nominal and associate members does not automatically disqualify a cooperative society registered under the KCS Act from claiming Section 80P deduction. The case was remanded for the AO to verify if associate members complied with the 15% statutory ceiling under the KCS Act, upholding the principle that the AO cannot question the validity of the society’s registration itself.
The issue was whether a large cash holding was unexplained money under Section 69A post-demonetization. The ITAT ruled in favor of the assessee, accepting that the cash originated from earlier, disclosed bank withdrawals. Key Takeaway: The burden of proof to disprove the source from prior withdrawals rests with the Department; mere suspicion isn’t enough for an addition.
