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CIT(A) Cannot Remand 143(3)/144B Assessments Under New 251(1) Proviso: ITAT Pune

October 4, 2025 2535 Views 0 comment Print

Pune ITAT rules CIT(A) wrongly applied new S. 251(1) proviso to remand a scrutiny assessment, which only applies to S. 144 orders. CIT(A) directed to decide the appeal on merits.

ITAT Pune Rules Land Sold to Developer as Rural Agricultural Land, Deletes ₹2.74 Cr Addition

October 4, 2025 816 Views 0 comment Print

Pune ITAT deletes ₹2.74 Cr capital gains addition on land sale, ruling it was rural agricultural land exempt u/s 2(14). Followed precedent set in spouse’s identical case.

Secured vs Unsecured Loans Not Comparable – Interest Paid to Relatives at 15% Allowed

October 4, 2025 912 Views 0 comment Print

Tribunal holds that reasonableness under Section 40A(2)(b) must be benchmarked against prevailing market rates for unsecured loans, not against lower-risk secured bank rates.

Past Acceptance No Defence in 263 – Tribunal Says Tax Depreciation Must Follow Act

October 4, 2025 336 Views 0 comment Print

ITAT Ahmedabad upholds PCIT’s Section 263 order, ruling that tax depreciation must comply with Explanation 10 to Section 43(1) and ICDS-VII. Unadjusted Government grants must reduce WDV, regardless of prior acceptance.

ITAT Delhi Deletes ₹13 Lakh Cash Deposit Addition Linked to Sale of Rural Agricultural Land

October 4, 2025 1182 Views 0 comment Print

ITAT Delhi ruled on the unexplained cash deposit addition in Jitendra Singh Vs ITO (AY 2015-16). The Tribunal accepted the assessee’s explanation that the Rs.13

General Format SCN Without Specific Charge Cannot Sustain 271(1)(c) Penalty

October 4, 2025 738 Views 0 comment Print

The ITAT Pune ruled that a penalty notice under Section 271(1)(c) must clearly specify the exact charge—concealment or inaccurate particulars.

Members’ Club Not Eligible u/s 12A but Mutuality Defence Restored for Fresh AO Check

October 4, 2025 333 Views 0 comment Print

Club income not taxable if mutuality is proven: ITAT directs re-verification of cash deposits and identity of contributors/beneficiaries, setting aside an assessment based on the estimated 10% income addition.

ITAT Bangalore Accepts Cash Advances from Flower Buyers – Deletes ₹34.50 Lakh Addition

October 4, 2025 477 Views 0 comment Print

ITAT Bangalore deleted a Rs.34.50 lakh addition u/s 69A, accepting the exporter’s explanation that cash deposits during demonetization were genuine customer advances for flowers, which were fully disclosed.

271D/271E Penalty – Cash from Uncle for Studies – Delay Condoned & Penalty Appeals Restored

October 4, 2025 618 Views 0 comment Print

Bangalore ITAT condones 98-day delay and restores penalty appeals u/s 271D/271E, directing CIT(A) to re-examine the genuine nature of cash received and repaid to a paternal uncle for education.

ITAT Delhi Quashes Assessment: No 143(2) Notice by Jurisdictional AO

October 4, 2025 1665 Views 0 comment Print

Delhi ITAT quashes the assessment for AY 2017-18, ruling that the AO who framed the order lacked jurisdiction because the mandatory Section 143(2) notice was issued by a different, non-jurisdictional authority. Defect is fatal and incurable.

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