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Bank Passbook Not ‘Book of Account’; Section 68 Addition Invalid, Rules ITAT

November 4, 2025 876 Views 0 comment Print

AO made an addition based on difference between stamp value and purchase price without referring matter to a Valuation Officer despite assessee’s objection. ITAT held this omission violated Section 56(2)(x) and principles of natural justice. It observed that assessee’s registered valuer report showing a lower market value was ignored. Consequently, addition was quashed.

₹32 Lakh Cash Addition Confirmed as M-Pesa “Conduit” Claim Lacked Proof

November 4, 2025 330 Views 0 comment Print

The ITAT confirmed the unexplained cash deposit addition of ₹32.22 lakh after dismissing the Assessee’s casual adjournment request and hearing the appeal ex-parte. The Tribunal found no reason to interfere with the lower authorities’ finding that the Assessee’s M-Pesa conduit claim was unsubstantiated by evidence.

Reassessment Invalid for Change of Opinion on 54F Claim – ITAT Quashes ₹1.63 Cr LTCG Addition

November 4, 2025 339 Views 0 comment Print

Hyderabad ITAT found reassessment unsustainable where 54F exemption was already examined in earlier scrutiny. As no new evidence emerged, reassessment under Section 147 was declared void.

Ex-Parte Appeal Order Set Aside After Assessee Learns of Ruling via Penalty Notice

November 4, 2025 771 Views 0 comment Print

The Tribunal set aside the CIT(A)’s ex-parte order, emphasizing that the Assessee deserved a proper opportunity to argue their case on merits despite missing the final notices.1 The matter was sent back to the lower authority for a fresh decision, with the Assessee directed to cooperate fully.

ITAT Voids NFAC Order Passed Against Deceased Taxpayer Without Hearing Legal Heir

November 4, 2025 384 Views 0 comment Print

The ITAT set aside the CIT(A)’s order because it was passed against an Assessee who had already expired, which rendered the order null and void. The Tribunal condoned the 193-day delay and remanded the case back to the CIT(A) for fresh adjudication after substituting the legal representative.

ITAT Remands Case 1% Commission on ₹44.5 Cr Conduit Deals for Fresh Verification

November 4, 2025 276 Views 0 comment Print

The ITAT Delhi set aside an addition of Rs.44.50 lakh, alleged as commission income on fund routing transactions, due to the CIT(A)’s failure to pass a speaking order. The Tribunal remanded the case to the AO for a fresh, de novo assessment to verify documents and provide reasoned findings, ensuring compliance with natural justice.

Cash Deposit before Demonetisation – Addition Deleted as Basis of Assessment Found Faulty

November 4, 2025 495 Views 0 comment Print

The Tribunal reversed the lower authorities’ action of treating the ₹2.55 lakh returned income as under-reported, as the return was filed in response to a Section 142(1) notice issued before the statutory due date. The Tribunal also allowed the appeal by deleting the addition made on cash deposits.1

Fake Loans & Cash Deals Unmasked: Tribunal Upholds ₹5.5 Cr Attachment in Coal Levy Bribe Case

November 4, 2025 480 Views 0 comment Print

The Appellate Tribunal dismissed the appeals, confirming the attachment of ₹5.5 crore in assets belonging to an IAS officer’s family, ruling that the properties were acquired using laundered bribe money from the coal levy scam. Citing the Supreme Court’s precedent, the Tribunal held that even pre-offence assets can be attached as value-equivalent proceeds of crime under PMLA.

ITAT Delhi Allows Adjustment of Seized Cash Against Self-Assessment Tax

November 4, 2025 1344 Views 0 comment Print

ITAT Delhi held that cash seized during search operations can be adjusted against self-assessment tax. The order distinguishes between advance tax and self-assessment tax, directing deletion of demand raised by CPC.

Reassessment Quashed as Section 148 Notice Issued Before Mandatory Approval

November 4, 2025 549 Views 0 comment Print

The ITAT Delhi invalidated reassessment proceedings because the Section 148 notice was issued two days prior to obtaining the mandatory statutory sanction under Section 151 from the Additional Commissioner. The Tribunal held that obtaining the requisite approval is a precondition for valid reopening, and issuing the notice before approval renders the entire action void ab initio.

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