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Income Tax Assessment Void Without Draft Order for Non-Residents: ITAT Delhi:

September 28, 2025 861 Views 0 comment Print

Delhi ITAT dismissed Revenue’s appeal, ruling final assessment on non-resident Sneh Sharma void for AO’s failure to issue mandatory draft assessment order under Section 144C.

Penalty u/s 271(1)(c) Dependent on Quantum – Tribunal Remands Back to NFAC

September 28, 2025 384 Views 0 comment Print

The ITAT Raipur set aside penalties under Section 271(1)(c) levied on Sai Baba Sansthan for A.Y. 2012-13 and 2013-14, remanding the matter to the NFAC. The Tribunal held that the penalty’s survival is contingent upon the NFAC upholding the quantum additions on a de novo adjudication, relying on Supreme Court and Delhi High Court precedents.

ITAT Delhi Quashes Reassessment– Wrong Authority’s Approval Invalidates 148 Notice

September 28, 2025 663 Views 0 comment Print

ITAT Delhi quashes reassessment (AY 2016-17) and deletes Rs.2.25 Cr LTCG addition after finding that PCIT, not PCCIT, gave the required Section 151 approval.

Unsecured Loan Addition Sustained, Expense Disallowances Deleted: ITAT Delhi Ruling

September 28, 2025 456 Views 0 comment Print

ITAT confirmed GP and unsecured loan additions but deleted expense disallowances, ruling that rebates and receipt-backed rent are valid business expenses without a proven personal element.

Assessee Fails to Prove Loan- ITAT Delhi Upholds Rs.1 Cr Addition

September 28, 2025 279 Views 0 comment Print

ITAT Delhi upholds the Rs. 1 crore addition (u/s 68) confirmed by CIT(A), dismissing the assessees appeal due to its repeated failure to produce evidence for the genuineness, identity, and creditworthiness of the purported loan. No evidence, no relief.

ITAT Delhi Quashes 153C Assessment Beyond 10 Years – Revenue Appeal Dismissed

September 28, 2025 510 Views 0 comment Print

ITAT Delhi upholds the quashing of s. 153C assessment for AY 2012-13, ruling it’s beyond the 10-year block of limitation as per s. 153A/C and Delhi High Court precedent in Ojjus Medicare.

No Section 271(1)(c) Penalty for Income Surrendered During Survey & Already Disclosed in ROI

September 28, 2025 741 Views 0 comment Print

Jaipur ITAT dismisses Revenue’s appeals in Nath Corporation, Royal Jewellers, and Shri Jitendra Kumar Agarwal cases, deleting Rs. 3.3 crore in penalties.

Tribunal Protects Woman Assessee: No Burden to Prove Credit worthiness of Husband & Sons

September 27, 2025 405 Views 0 comment Print

ITAT Delhi rules wife not liable to prove husband and sons’ source of funds for property purchase. Addition of Rs.1.10 Cr u/s 69 quashed as family funds explained.

Blanket Sanction Fatal: Tribunal Strike Down 153A Orders

September 27, 2025 357 Views 0 comment Print

Sanjay Garg Vs DCIT (ITAT Delhi) Assessee challenged assessments framed u/s 153A r.w.s. 143(3) on the ground that mandatory approval u/s 153D was granted mechanically without proper application of mind. AO had made an addition of Rs.50,00,000/- as unexplained money u/s 69, which was confirmed by CIT(A)-24, New Delhi vide order dated 28.02.2025. Before Tribunal, […]

ITAT Delhi Deletes Rs.11.21 Cr Addition Against Ex-MLA – PAN Mismatch Fatal

September 27, 2025 5241 Views 0 comment Print

The Tribunal held that an addition cannot be sustained on the basis of a PAN mismatch alone, especially when the assessee, an individual with no business activity, was wrongly linked to a corporate entity.

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