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Delay Excused, Ex-Parte Order Set Aside – ITAT Gives Fresh Hearing with Token Cost

May 5, 2026 198 Views 0 comment Print

Delay of 208 days condoned on bona fide grounds with ₹1,000 cost; ITAT sets aside ex-parte CIT(A) order, holding denial of hearing violates natural justice, and remands matter to AO for fresh adjudication with full opportunity.

No Proof, No Exemption – ITAT Remands “Agricultural Income” Claim with Cost

May 5, 2026 312 Views 0 comment Print

ITAT remands ₹33.12 lakh agricultural income claim due to lack of evidence; holds no proof means taxable u/s 68/115BBE, but grants one more chance for verification, imposing ₹2,000 cost for non-compliance.

100-Month Delay Condoned – ITAT Slams Gross Taxation, Says “Only Net Income Can Be Taxed”

May 5, 2026 669 Views 0 comment Print

Condonation of 100 + month delay allowed on liberal principles with ₹5,000 cost; ITAT holds gross receipts of charitable trust cannot be taxed-even if Sec 11 denied, only net income after expenses is taxable; matter remanded for verification.

TP Adjustments Reworked – ITAT Strikes Down Wrong Comparables, Demands Parity & Scientific Analysis

May 5, 2026 237 Views 0 comment Print

TP ruling clarifies that comparables must meet uniform filters, FAR analysis prevails over search matrix, ESOP adjustments require parity, working capital needs scientific computation, and delayed receivables attract LIBOR-based interest.

Unsigned Approval U/s 151 Invalid – ITAT Quashes Reassessment

May 5, 2026 681 Views 0 comment Print

The Tribunal held that unsigned sanction for reopening invalidates the entire reassessment. It ruled that absence of signature violates mandatory legal requirements under tax law.

Factory Shift ≠ Capital Asset – ITAT Allows ₹1.13 Cr as Revenue, Calls Out “Enduring Benefit” Overreach

May 4, 2026 516 Views 0 comment Print

The relocation did not lead to structural enhancement of business assets. The Tribunal ruled that such expenses remain in the revenue field. The decision distinguishes between operational and capital expenditure.

Registration Rejected for “Low Activity”? ITAT Sends It Back – Opportunity Must Precede Denial

May 4, 2026 267 Views 0 comment Print

The Tribunal accepted the delay caused by representative’s illness as sufficient reason and admitted the appeal. It found that the authority failed to properly assess genuineness of activities. The matter was restored for fresh adjudication.

Interest on VAT is Compensatory, Not Penal – ITAT Allows Deduction

May 4, 2026 348 Views 0 comment Print

The Tribunal relied on Supreme Court precedent to hold that interest on tax arrears is compensatory, not penal. It ruled that such interest qualifies as a deductible business expense.

Excess Stock in Survey = Business Income, Not 115BBE Hit – ITAT Pune Draws Clear Line

May 4, 2026 375 Views 0 comment Print

The Tribunal held that excess stock found during survey had direct nexus with business operations. It ruled that such income should be taxed as business income, not as unexplained investment under special provisions.

No Specific Charge = No Penalty – ITAT Deletes 270A Penalty for Vague Notice Bonafide Claim

May 4, 2026 579 Views 0 comment Print

The Tribunal held that absence of a clear charge in the penalty notice makes the proceedings invalid. It ruled that failure to specify the exact limb of misreporting renders the penalty unsustainable.

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