In a key ruling, ITAT Hyderabad restored an appeal that the CIT(A) had dismissed for non-prosecution, as the NFAC was found to have incorrectly used an email address other than the one specified by the assessee in Form 35. The Tribunal followed the Supreme Courts mandate for a liberal approach to condoning the resulting 98-day delay and remanded the case for a decision on merits.
ITAT Ahmedabad deletes disallowance on 13.5% sales promotion expense, ruling AO cannot restrict genuine claim that adheres to consistent business practice.
The ITAT Mumbai ruled that the power to reopen an assessment under Section 147/148 is invalid when a valid return is on record and the Assessing Officer still has time to initiate regular scrutiny under Section 143(2).
Relying on the jurisdictional High Court precedent, the Tribunal quashed the entire crore addition, holding that service of the notice beyond the statutory limitation date is a fatal flaw. The decision emphasizes that procedural compliance with the time limit is mandatory and cannot be waived.
TAT Delhi rules that deletion of unsecured loan additions under Section 68 is procedurally flawed if AO is denied opportunity to verify fresh evidence. Matter remanded for de novo examination.
The ITAT set aside the entire reassessment, holding that a valid notice is a mandatory jurisdictional step, citing the Supreme Court’s Hotel Blue Moon ruling. Since the two notices issued were defective (one premature, the other beyond the statutory time limit), the assessment was deemed illegal.
The issue was a ad-hoc addition on cash deposits sustained by the due to the absence of direct source-to-deposit correlation. The ITAT deleted the addition, holding that once the overall source (like agricultural or business income) is accepted on merits, does not require mathematical one-to-one matching.
ITAT Mumbai set aside orders taxing a money changer’s Rs.219 crore turnover, holding that neither u/s 68 addition nor arbitrary profit estimation is valid without verifying recreated books.
Mumbai ITAT affirmed the deletion of a ₹2.74 crore F&O loss addition under Section 153A for an unabated year. The addition, based only on the post-search “Project Falcon” report, was void as no incriminating material was found during the search itself, following the Supreme Court’s mandate.
The Income Tax Appellate Tribunal (ITAT) Ahmedabad ruled in Sthanakvasi Jain Sangh Jivrajpark Vs CIT (Exemption) that a trust with composite, charitable, and incidental religious objects cannot be denied 80G registration merely because one object seems religious.
