ITAT Mumbai held temporary alternate flat under development deal is not a “transfer” u/s 2(47); notarised agreement gave no ownership, so ₹13.56 lakh addition deleted.
The Tribunal ruled that reopening of assessment is void where the notice under Section 148 was issued prior to communication of sanction under Section 151. Such procedural lapse renders the entire reassessment null and void.
TAT Kolkata ruled that reopening based on unverified foreign information amounted to borrowed satisfaction. Since the sanctioning authority granted approval mechanically, the reassessment was declared void.
ITAT Mumbai deleted Sec 69 addition for alleged on-money, holding third-party statements and pen-drive data without cross-examination or corroboration are invalid evidence.
The Tribunal clarified that dismissal of an SLP does not amount to declaration of law under Article 141. It distinguished prior rulings and held that defective penalty notices invalidate the levy.
ITAT Mumbai held stamp duty value on allotment date applies u/s 56(2)(x) where full payment was made by cheque before agreement, not registration date value; matter remanded for verification.
The Tribunal emphasized 33%–40% value addition at the UTK unit and scientific assembly processes to conclude that real manufacturing took place. It directed deletion of disallowances made across five assessment years.
The ITAT Bangalore held that penalty under Section 270A for alleged underreporting and misreporting of income could not survive once the Karnataka High Court condoned the delay in filing the return and restored the assessee’s eligibility for deduction under Section 80IA.
The ITAT Bangalore held that the entire cost of construction claimed by the assessee while computing capital gains on sale of property could not be outrightly disallowed merely due to lack of complete supporting documents.
The ITAT Bangalore held that reopening of assessment was invalid as it was based on an incorrect assumption that the assessee had claimed bogus long-term capital gains (LTCG) from penny stock transactions.
