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No Retrospective Remand: ITAT Scraps CIT(A)’s Order in Bogus LTCG Case for Wrongly Invoking New Law

October 10, 2025 711 Views 0 comment Print

The ITAT ruled that the CIT(A) cannot set aside a reassessment order framed under Section 147 read with Section 144B, as the limited power to remand only applies to best-judgment assessments under Section 144. The Tribunal sent the penny stock LTCG case back, directing the CIT(A) to decide the appeal strictly on its merits.

Reopening u/s 147 quashed – AO’s “fishing enquiry” to investigate offshore receipts not valid formation of belief- Reassessment void where AO reopens only to verify PE/offshore claims

October 9, 2025 840 Views 0 comment Print

The ITAT Delhi invalidated the reassessment proceedings against Huawei International, a Singapore resident, for AY 2014-15. The Tribunal ruled that the AO’s attempt to investigate offshore software receipts, based merely.

Even idle business needs guards – Tribunal permits security expense though no turnover

October 9, 2025 492 Views 0 comment Print

ITAT Delhi ruled that a consultancy company with zero turnover could deduct necessary expenses, allowing the full Rs.8.66 lakh security charge as an establishment cost.

ITAT Delhi remands ₹16.10 Cr unsecured – loan issue for verification; consequential interest disallowance also to be re-examined – CIT(A) erred in bypassing remand report

October 9, 2025 459 Views 0 comment Print

The ITAT Delhi set aside the CIT(A)’s order deleting a Rs.16.10 Cr unsecured loan addition against Nitin Garg, remanding the issue to the AO. The Tribunal found the CIT(A) erred by not requesting a remand report to verify the lender’s creditworthiness and the source of funds, despite the assessee’s non-compliance during assessment.

Shuttering is a plant, not a temporary erection – 100% claim disallowed – CIT(A)’s liberal view reversed – ITAT restores AO’s 15%

October 9, 2025 801 Views 0 comment Print

The ITAT Delhi ruled in DCIT Vs Jai Jai Ram Singh Infrastructure that shuttering material constitutes a homogenous ‘plant’ and not a ‘purely temporary erection.

ITAT Rajkot Upholds ₹3.99 Crore Addition u/s 56(2)(viib) – Rejects DCF Valuation as Defective & Unsubstantiated

October 9, 2025 813 Views 0 comment Print

The ITAT Rajkot confirmed the addition of Rs.3.99 crore to the income of Kataria Snack Pellets Pvt. Ltd. under Section 56(2)(viib), ruling that the company’s Discounted Cash Flow (DCF) share valuation was speculative, lacked empirical support for growth rates and terminal value, and failed to adhere to ICAI guidelines.

ITAT Ranchi Quashes Section 263 Order – 80P Deduction Cannot Be Denied When AO Has Verified All Facts

October 9, 2025 495 Views 0 comment Print

ITAT Ranchi quashes PCIT’s Section 263 order against a Co-operative Society (Chotanagpur Catholic Mission). Rules 80P deduction cannot be denied after AO’s thorough verification.

ITAT Ahmedabad Deletes Agricultural Expense Addition-Estimation Based on Third-Party Case Held Arbitrary

October 9, 2025 675 Views 0 comment Print

ITAT Ahmedabad deletes Rs.8.14 lakh addition, ruling that AO’s estimation of agricultural expenses using an unrelated 40% benchmark was arbitrary and unsustainable in law.

ITAT Chennai Upholds 50% Disallowance of Agricultural Income; Unproved Claims Treated as Unexplained Credits

October 9, 2025 645 Views 0 comment Print

ITAT Chennai sustains 50% disallowance of claimed agricultural income (Padam Kumar Vs DCIT). Holds land ownership alone doesn’t prove cultivation; evidence is necessary.

ITAT Chennai Strikes ₹1.86 Cr Loan Addition u/s 68, Sends Cash-Payments & TDS Disputes Back for Real-Check

October 9, 2025 696 Views 0 comment Print

ITAT Chennai deletes Rs.1.86 Cr unsecured loan addition u/s 68 after verifying director source. Remands Rs.1.01Cr cash payment (40A(3)) and restricts TDS default (40(a)(ia)) additions.

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