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No Penny Stock LTCG Additions on Suspicion or Modus Operandi Alone

August 16, 2025 4047 Views 0 comment Print

The ITAT Mumbai deleted a penny stock addition, ruling that the income tax department’s reliance on suspicion and a general investigation report was insufficient to dislodge the assessee’s proof of genuine transactions.

Brought Forward Business Loss Cannot Offset STCG on Depreciated Assets

August 16, 2025 1173 Views 0 comment Print

The ITAT Mumbai has ruled that brought-forward business losses cannot be set off against short-term capital gains from the sale of depreciated assets, upholding the disallowance.

Books Audited, Sales Accepted – ITAT Deletes Section 68 Addition on Demonetisation Deposits

August 16, 2025 720 Views 0 comment Print

 ITAT Delhi upheld the disallowance of setting off brought-forward business losses against short-term capital gains from the sale of depreciated assets, clarifying the inapplicability of Section 41(2).

Penalty Passed Beyond Time Limit under Section 275(1)(c) Held Invalid

August 16, 2025 1209 Views 0 comment Print

 The ITAT Mumbai quashed a penalty against an assessee, ruling that the penalty order was time-barred as it was issued beyond the limitation period specified under Section 275(1)(c).

Section 68 Not Applicable on Recorded Cash Sales – Demonetisation Addition Deleted

August 16, 2025 1599 Views 0 comment Print

The ITAT Delhi deleted a demonetisation-related cash deposit addition for a jeweller, ruling that Section 68 doesn’t apply to recorded sales and that a profit cannot be taxed twice.

Delhi ITAT Quashes Omnibus Penalty Notice & Time-Barred Reopening

August 16, 2025 396 Views 0 comment Print

ITAT Delhi deleted penalties against Sahara India Commercial, citing a defective “omnibus” notice and a time-barred, invalid reassessment based on “borrowed satisfaction.”

Reassessment on Dropped Audit Objection or Borrowed Satisfaction is Invalid

August 16, 2025 576 Views 0 comment Print

ITAT Delhi held the reopening of an assessment invalid for Viramgam Mahesana Project Limited, ruling against borrowed satisfaction and a “change of opinion” by the Assessing Officer.

Proviso to Section 12A(2) Applies Only if Assessment Pending on Registration Date

August 15, 2025 939 Views 0 comment Print

ITAT Visakhapatnam ruled a temple trust cannot claim Section 12A exemption for years prior to its registration, unless assessment proceedings were already pending.

ITAT Chandigarh directs grant of 12AA Registration to Temple Trust under state control

August 15, 2025 420 Views 0 comment Print

The ITAT Chandigarh directed the grant of a 12AA registration to a temple trust under state control, emphasizing that a trust deed is not essential when the state governs its administration.

Temple Trust Loses Capital Expenditure Claim for Lack of Section 12A Registration

August 15, 2025 690 Views 0 comment Print

ITAT Visakhapatnam ruled a temple trust without 12A registration cannot claim capital expenditure as a deduction, upholding a revisional order under Section 263.

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