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

September 28, 2025 543 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 837 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 444 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 396 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 5325 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.

Ground Handling at Airports Eligible for Section 80IA Deduction: ITAT Delhi

September 27, 2025 492 Views 0 comment Print

ITAT upheld the deletion of disallowance on deduction u/s 80IA for ground handling profits at DIAL and CIAL. Citing SC precedent (Delhi International Airport Pvt. Ltd.),

No Section 269SS Penalty Without Proof of Actual Cash, MOU Alone Insufficient – Rs. 25 Cr Penalty Quashed

September 27, 2025 5523 Views 0 comment Print

ITAT Delhi dismissed Revenue’s appeal, confirming deletion of a Rs. 25 crore penalty imposed under Section 271D. Tribunal ruled that penalty, based solely on a seized MOU and assumptions without proof of cash movement, was not legally sustainable.

ITAT Delhi Deletes Rs.8.16 Cr Addition on Share Capital & Commission – AO’s Suspicion Insufficient

September 27, 2025 411 Views 0 comment Print

ITAT Delhi quashes Rs.8.16 crore addition on share capital and commission, emphasizing that mere suspicion without evidence cannot justify tax additions. Investor genuineness and banking records were upheld.

₹2 Cr Capital Infusion via Mortgage Loan Not Taxable on Mere Suspicion: ITAT Delhi

September 27, 2025 306 Views 0 comment Print

The Tribunal ruled that the Assessing Officer’s suspicion, without material evidence, was insufficient to prove the non-genuineness of a partner’s capital contribution. This case clarifies the legal burden of proof under the Income Tax Act.

Trade Discount Not Commission: ITAT Quashes CIT’s Section 263 Revision for Overreach

September 27, 2025 426 Views 0 comment Print

ITAT Delhi held that a 12% trade discount to an overseas buyer is not commission and cannot attract TDS under Section 195. The Tribunal ruled that the CIT cannot override the AO’s assessment without independent examination, quashing the Section 263 revision and consequential reassessment.

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