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Penalty u/s 271(1)(c) Deleted – Bona Fide Computational Errors & Voluntary Disclosure During Assessment

March 18, 2026 528 Views 0 comment Print

The Tribunal held that penalty under Section 271(1)(c) cannot be imposed where income variation arises from genuine computational mistakes. It ruled that voluntary correction during assessment indicates absence of intent to conceal income. The penalty was there-fore deleted.

Technical Dismissal by CIT(A) Set Aside – Appeal to Be Decided on Merits, Not Procedural Lapses

March 18, 2026 204 Views 0 comment Print

The Tribunal held that dismissal of appeal without clearly pointing out deficiencies and allowing correction violates natural justice. It restored the matter for fresh adjudication on merits.

Bogus Purchases – Only Profit Element Taxable @12.5% Where Sales Accepted

March 18, 2026 1002 Views 0 comment Print

The Tribunal held that entire purchases cannot be disallowed when corresponding sales are accepted. It upheld restriction of addition to profit element, preventing unrealistic income computation.

Survey-Based Additions Partly Deleted – Estimated Profit Unsustainable Interest on Land Allowed as Business Cost

March 18, 2026 294 Views 0 comment Print

The Tribunal held that additions cannot be made merely on survey statements without rejecting books of account or providing proper opportunity. It deleted the addition for alleged underreported profit, emphasizing adherence to due process.

Section 115BAA Benefit Cannot Be Denied for Procedural Lapse – Form 10IC Filed Later Valid, Matter Restored

March 18, 2026 498 Views 0 comment Print

The Tribunal held that a minor delay in filing Form 10-IC should not deny concessional tax benefits. It emphasized that substantive compliance prevails over procedural defects.

Delay Condoned & STCG Addition Deleted – No Capital Gain Where Sale = Cost (Parity with Co-owner)

March 18, 2026 222 Views 0 comment Print

The Tribunal condoned delay after finding reasonable cause and examined the merits of the case. It held that no capital gains arise where purchase and sale consideration are identical.

Sec 56(2)(vii)(b) Addition on Stamp Duty Value – Ignoring Co-ownership DVO Request, ITAT Remands

March 18, 2026 426 Views 0 comment Print

The Tribunal found that additions were made without considering joint ownership and without referring valuation to the DVO. The matter was sent back for fresh adjudication with proper verification.

Sec 68 Addition on Alleged Bogus Loans Remanded – No Independent Enquiry by AO or CIT(A)

March 18, 2026 315 Views 0 comment Print

The Tribunal found that both the AO and CIT(A) failed to properly verify evidence relating to alleged accommodation entries. The matter was remanded for fresh examination and a reasoned decision.

SAFEMA Tribunal Upholds CFO Liability in FEMA Case, Reduces Penalty

March 17, 2026 468 Views 0 comment Print

The tribunal clarified that penalties under FEMA arise from breach of statutory obligations and do not require proof of intent. Once a violation is established, liability can be imposed even without showing a guilty mind.

PMLA Tribunal: Share Investment Not ‘Proceeds of Crime’; Attachment Limited to Mining Profits

March 17, 2026 726 Views 0 comment Print

PMLA Tribunal held share investment not proceeds of crime and limited attachment only to mining profits. Productive assets of the company may be released if equivalent security such as bank guarantee or FDR is furnished.

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