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ITAT Mumbai rejects 8% estimation for non-audit u/s 44AB; adopts 2.5% profit based on assessee’s offer

March 21, 2026 9399 Views 0 comment Print

The case examined if failure to conduct audit permits arbitrary profit estimation. The ITAT ruled that absence of audit alone cannot justify 8% estimation when books are maintained and not rejected.

ITAT Mumbai deletes ₹21.99L Sec 69B addition; third-party statement without cross-examination held invalid

March 21, 2026 639 Views 0 comment Print

The case involved addition for alleged on-money payment based on search findings of a builder. The ITAT ruled that absence of corroborative evidence and denial of cross-examination makes the addition unsustainable.

Sec 263 Invalid Where PCIT Didn’t Challenge Sec 153D Approval in 153C Case

March 19, 2026 432 Views 0 comment Print

The Tribunal ruled that revision under Section 263 requires examination of approval granted under Section 153D. Without establishing any defect in such approval, the assessment cannot be termed erroneous. The decision limits arbitrary revision powers.

On-Money Addition Deleted; Third Party Excel Statement Not Enough Without Proof

March 19, 2026 1038 Views 0 comment Print

The Tribunal held that additions cannot be sustained merely on third-party Excel sheets and statements. It ruled that absence of independent evidence and denial of cross-examination renders such additions invalid.

Wrong Section (69A vs 68) Not Fatal – Accommodation Entry Addition Sustained by ITAT

March 19, 2026 1077 Views 0 comment Print

The Tribunal ruled that incorrect invocation of Section 69A does not invalidate the addition. Since the loan was found to be an accommodation entry, it was sustained under Section 68. The decision emphasizes substance over technical defects.

Section 68 Addition Deleted as AO Relied Only on Suspicion & Third-Party Material

March 19, 2026 738 Views 0 comment Print

ITAT held that the assessee discharged the burden of proving identity, creditworthiness, and genuineness. Addition was deleted as AO relied only on suspicion without evidence.

No Irrevocability Clause Required for Sec 12AB Registration – Bombay HC Quashes Rejection of Trust Registration

March 19, 2026 1698 Views 0 comment Print

The Court set aside rejection of registration based solely on absence of an irrevocability or dissolution clause. It clarified that such conditions are not prescribed under law and cannot be imposed by authorities.

PAN Misuse Allegation – ITAT Remands Matter to Verify Police Report; Relief Possible if Misuse Proven

March 19, 2026 489 Views 0 comment Print

ITAT remanded the matter where the assessee claimed PAN misuse leading to additions under Sections 68 and 69. It directed AO to verify the police report, holding that relief must be granted if misuse is substantiated.

Sec 68 Addition Upheld – Failure to Prove Identity, Creditworthiness & Genuineness of Loans

March 19, 2026 732 Views 0 comment Print

ITAT upheld addition under Section 68 as the assessee failed to prove identity, creditworthiness, and genuineness of unsecured loans. It ruled that mere submissions without proper evidence do not discharge the initial onus, and addition was rightly sustained.

Sec 80P(2)(d) Allowed on Interest from Co-op Bank – ITAT Follows Settled View

March 19, 2026 399 Views 0 comment Print

ITAT held that interest earned by a co-operative society from deposits with a co-operative bank qualifies for deduction under Section 80P(2)(d). It ruled that such income remains eligible despite Section 80P(4), and addition made by CPC was deleted.

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