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Section 68 Additions Sustained Due to Unexplained Cash Withdrawals & Bogus Share Dealings

November 21, 2025 555 Views 0 comment Print

Mayurpankh Vincom Pvt. Ltd Vs ITO (ITAT Kolkata) Unexplained Cash Credits & Bogus Share Dealings — Kolkata ITAT Upholds 68 Additions in Mayurpankh Vincom Pvt Ltd Vs ITO; ITAT Upholds Section 68 Additions After Assessee Fails to Prove Identity and Creditworthiness; Additions Upheld as Assessee Fails to Establish Genuineness of Share Transactions; ITAT Confirms Section […]

Mechanical 153D Approval & No Incriminating Material – Delhi ITAT Quashes Entire 153A Assessments

November 21, 2025 450 Views 0 comment Print

The Department could not produce a single document seized from the assessee, relying only on third-party statements, which are not incriminating material. The JCIT’s same-day clearance of multiple assessments without analysis led to the assessments being quashed.

ITAT Hyderabad Quashes Assessment as DRP Route Cannot Extend Section 153 Limitation

November 21, 2025 894 Views 0 comment Print

Aveva Solutions India LLP Vs ITO (ITAT Hyderabad) DRP Route Cannot Extend Limitation: Assessment Beyond Section 153 Limit Struck Down by ITAT Hyderabad Tribunal examined the core legal issue of limitation for passing assessment u/s 143(3) r.w.s. 144C(13) in a Transfer Pricing case. Assessee contended that once the assessment year is 2021-22, the statutory time […]

Mechanical 153D Approval Vitiates Entire 153A Block – Delhi ITAT  

November 21, 2025 423 Views 0 comment Print

The JCIT granted approval despite receiving only draft orders and no supporting evidence, demonstrating a mechanical process. The Tribunal held that such superficial approval violates judicial standards, leading to the quashing of all assessments.

Demonetisation Cash Deposit Explained in Part – Capital Improvement Partly Allowed by Estimation

November 21, 2025 240 Views 0 comment Print

Tribunal partially allowed Rs. 46.75 lakh cash deposit claim, accepting Rs. 11 lakh while remitting Rs. 35.75 lakh for verification, highlighting the importance of documentary proof for deposits during demonetization.

ITAT Quashes Section 148 Notice Beyond 3 Years for Wrong Section 151 Approval

November 21, 2025 675 Views 0 comment Print

The Tribunal found that sanction must come from the Principal Chief Commissioner when reopening is beyond the three-year period prescribed by the amended law. Because the approval was taken from the Pr. CIT, the reassessment lacked jurisdiction and was invalidated.

SC Rules EPF Dues Outrank Secured Creditors Despite SARFAESI Priority

November 21, 2025 1332 Views 0 comment Print

The judgment confirmed that Section 11(2) of the EPF Act creates a first charge that overrides SARFAESI’s priority clause. Thus, provident fund contributions, interest, penalties, and damages must be paid before clearing secured creditors’ dues.

SC Reasserts Judicial Independence – Strikes Down Age & Practice Bar Affecting Advocates & CAs

November 20, 2025 1008 Views 0 comment Print

The SC invalidated 50-year age and 25-year practice requirements for advocates and CAs, reaffirming merit-based eligibility and protecting tribunal efficiency.

Non-Speaking NFAC Order Set Aside: Raipur ITAT Remands Section 68 Addition & Ad-Hoc Expense Disallowance

November 20, 2025 693 Views 0 comment Print

Raipur ITAT remanded the section 68 addition of ₹14.3 lakh, observing that NFAC/CIT(A) failed to examine confirmations, ITRs, or facts. The order lacked independent reasoning and was set aside for fresh adjudication.

ITAT Mumbai Deletes ₹1.26 Cr Income Addition for Lack of Income Character

November 20, 2025 942 Views 0 comment Print

Tribunal held that Rule 8D disallowance cannot exceed the assessee’s total claimed expenditure and directed restriction of the 14A addition. The ruling clarifies limits on 14A disallowances where expenses are minimal.

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