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Penny stock theory fails again – Revenue can’t rely on generic Investigation Wing reports: ITAT Mumbai

October 7, 2025 948 Views 0 comment Print

The ITAT Mumbai deleted an addition of ₹46 lakh in the Rekha Rajesh Jogani case, ruling that the Income Tax Department cannot rely solely on general ‘penny stock’ investigation reports to deny Long Term Capital Gains (LTCG).

Penalty on Notional House Property Income Quashed by ITAT – Section 271AAB overrides 271(1)(c)

October 7, 2025 666 Views 0 comment Print

The ITAT Mumbai, in Mohan Thakurdas Gurnani Vs ITO, deleted penalties levied under Section 271(1)(c) of the Income-tax Act, 1961, for notional income from house property, holding that penalty requires actual concealment, not notional additions.

Once Books Accepted, Cash Deposits Can’t Be Doubted: ITAT Jabalpur

October 7, 2025 702 Views 0 comment Print

Tribunal ruled that AO cannot treat cash recorded in audited books as unexplained merely because deposits were made during demonetisation or in instalments. Additions u/s 69A were deleted as cash balance was duly supported by business records.

CSR Violation Presumption Invalid Without MCA Finding: ITAT Clarifies

October 7, 2025 477 Views 0 comment Print

The ITAT Jabalpur directed the CIT (Exemption) to reconsider the rejection of Mangalayatan University’s Section 80G approval. The Tribunal held that a rejection based on incomplete facts.

Penny stock addition deleted – Investigation Wing report alone not enough

October 7, 2025 852 Views 0 comment Print

ITAT Jabalpur upholds CIT(A)’s deletion of addition u/s 68; holds that mere reliance on Investigation Wing report without independent verification is unsustainable.

Arm-Twisting by Employer Invalid – HC Says No Waiver of Rights Under Pressure

October 7, 2025 438 Views 0 comment Print

Punjab & Haryana High Court ruled that undertakings obtained under duress have no legal value, ordering counting of past service for pension and regularisation.

ITAT Pune Confirms CPC Adjustment – Late PF/ESI Payments Not Deductible

October 7, 2025 726 Views 0 comment Print

ITAT Pune upheld CPC disallowance under section 36(1)(va) for delayed employee PF/ESI deposits, following Supreme Court ruling in Checkmate Services.

Trust Loses Registration Due to Staff Error – ITAT Pune Restores 12A Application

October 7, 2025 429 Views 0 comment Print

ITAT Pune set aside rejection of 12A registration after finding non-compliance was due to staff error; matter remanded to CIT(E) for fresh consideration.

CIT(A) Cannot Dismiss Appeal for Non-Appearance Alone: ITAT Pune

October 7, 2025 1071 Views 1 comment Print

ITAT, Pune, ruled in Manisha Dhananjay Holkar vs. ITO that CIT (Appeals) [CIT(A)] cannot dismiss an appeal solely due to appellant’s non-appearance.

When Substantive Addition Stands Final, Protective Addition Cannot Survive

October 7, 2025 387 Views 0 comment Print

ITAT Lucknow ruled that protective tax additions on ₹6.58 crore cash/jewellery in employees’ hands must be deleted after the real owner’s substantive assessment was finalized.

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