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Deeming fiction u/s 69A cannot be invoked mechanically or in terrorem: ITAT Ahmedabad

August 14, 2025 1266 Views 0 comment Print

The ITAT Ahmedabad deleted a ₹16.69 lakh addition, ruling that Section 69A cannot be invoked mechanically when the assessee provides evidence of business receipts.

ITAT Delhi Remands Reopening on Audit Objection; Dissenting View Quashes as Change of Opinion

August 13, 2025 774 Views 0 comment Print

The ITAT Delhi remanded a case to the CIT(A) to determine if the Assessing Officer had an independent belief to reopen an assessment, or if it was based solely on an audit objection. A dissenting opinion quashed the reopening as a change of opinion.

Addition Based on mere Loose Papers & Third-Party Statement deleted

August 13, 2025 1494 Views 2 comments Print

The ITAT Mumbai deleted an addition made under sections 69A and 69C, ruling that an addition based solely on loose papers and a third-party statement without corroboration is not valid.

Late Filing of Form 67 Cannot Deny Foreign Tax Credit: ITAT Bangalore

August 12, 2025 1341 Views 0 comment Print

The ITAT Bangalore ruled that late filing of Form 67 is not fatal to a Foreign Tax Credit claim, as the requirement is procedural, not mandatory.

Pending appeal no bar for Section 263 action on unrelated issues: ITAT Pune

August 12, 2025 501 Views 0 comment Print

ITAT Pune ruled that a pending appeal does not prevent a CIT from exercising revisionary powers on unrelated issues that were not part of the original appeal.

ITAT Ahmedabad Quashes Assessment on Non-Existent Entity – AO Duly Informed of Amalgamation

August 12, 2025 696 Views 0 comment Print

The ITAT Mumbai ruled that an assessment order passed on an amalgamated company after authorities were informed is void, citing the Maruti Suzuki precedent.

“Either…Or” Reasons Show AO’s Non-application of mind: ITAT Ahmedabad quashes Reopening

August 12, 2025 606 Views 0 comment Print

The ITAT Ahmedabad quashed a reassessment notice, ruling that the Assessing Officer’s use of “either…or” language indicated a lack of proper application of mind.

Interest u/s 234B on Updated Return to be calculated only till Filing Date: ITAT Pune

August 12, 2025 5898 Views 0 comment Print

The ITAT Pune ruled that interest under Section 234B on an updated return should be calculated only up to the date of filing the return, not the intimation date.

Under Pre-Amendment Law, No ‘Source of Source’ Proof Needed for Section 68

August 12, 2025 1005 Views 0 comment Print

Delhi High Court rules in favor of Central Plastics Pvt. Ltd., stating that taxpayers are not required to prove the “source of source” for share capital received before the 2012 amendment to Section 68.

ITAT Mumbai: 60% Tax u/s 115BBE Applies to AY 2017–18 on Unexplained Cash Deposits

August 12, 2025 1236 Views 0 comment Print

The ITAT Mumbai ruled that the 60% tax rate under Section 115BBE applies to unexplained cash deposits for AY 2017-18, setting aside a lower rate.

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