ITAT Hyderabad deletes ₹11.03 lakh penalty under Section 270A(9), holding that non-filing of return followed by filing under Section 148 amounts to under-reporting, not misreporting; no penalty when returned income is accepted without variation.
Even though the assessee had no business operations, claims based on disclosed assets and records were held bona fide. The Tribunal ruled that such claims do not amount to inaccurate particulars or misreporting.
ITAT Hyderabad deletes ₹66.31 lakh capital gains addition, holding that execution of JDA does not constitute transfer under Section 2(47) where no consideration is received and possession is given only for development; no taxable event arises.
The tribunal held that cash deposits cannot be treated as unexplained when sufficient recorded cash receipts exist. Once books support availability, Section 68 additions fail.
ITAT Pune rules that delay in filing Form 67 is a procedural lapse and cannot deny Foreign Tax Credit under Section 90; directs AO to grant ₹2.74 lakh FTC after verification, upholding substantive relief despite delay.
ITAT Mumbai deletes ₹27.40 lakh addition under Section 69A, holding cash deposits as genuine business advances for car bookings, duly supported by confirmations, PAN, and invoices; non-response of customers cannot justify addition without proper verification.
The ruling clarified that unverified electronic records and third-party statements cannot justify additions without proper verification. The absence of direct linkage and corroboration led to deletion of additions.
ITAT Hyderabad quashes reassessment as Section 148 notice, though dated 31.03.2021, was actually issued on 01.04.2021; failure to follow mandatory Section 148A procedure and obtain proper approval rendered proceedings invalid.
ITAT Pune sets aside ₹11.57 lakh disallowance under Section 36(1)(va) for alleged PF/ESI delay, citing conflicting Supreme Court views in Woodland vs Checkmate; matter remanded to CIT(A) for fresh factual and legal adjudication.
ITAT Hyderabad deletes Section 69A additions in alleged penny stock case, holding that documented share transactions cannot be treated as bogus based on suspicion or general investigation reports without specific evidence against the assessee.
