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Survey Admission Alone Cannot Justify Full Disallowance: ITAT Chennai Restricts Land Development Expense Disallowance to 10%

February 5, 2026 228 Views 0 comment Print

The Tribunal held that additions based solely on a survey statement, without corroborative evidence, are unsustainable. Development expenses were largely allowed, with only a reasonable estimated disallowance retained.

Telescoping of Cash Deposits Allowed Against Cash Advances: ITAT Chennai

February 5, 2026 576 Views 0 comment Print

The issue was whether bank cash deposits could be treated as unexplained despite accepted cash advances. The Tribunal held that telescoping applies, deleting additions to avoid double taxation of the same source.

Cash Sales Recorded in Books Cannot Be Added Again Under Section 68

February 5, 2026 723 Views 0 comment Print

Cash deposits during demonetisation were held to be business receipts already recorded as sales in audited books. The tribunal ruled that taxing the same receipts again under Section 68 amounts to double taxation.

CIT(A)’s Power to Set Aside Ex-Parte Assessment Affirmed: ITAT Chennai

February 5, 2026 450 Views 0 comment Print

The Revenue challenged the appellate authoritys decision to remand an ex-parte order. The Tribunal ruled that the remand was lawful and well within statutory appellate powers.

Belated Form 10B Is a Curable Procedural Defect: ITAT Ahmedabad Condones Delay and Restores Sections 11–12 Exemption

February 5, 2026 438 Views 0 comment Print

The ruling clarifies that denial of charitable exemption for delayed Form 10B goes beyond Section 143(1). If verification is needed, it cannot be resolved through mechanical processing adjustments.

Penalty u/s 271B Deleted for Delay in Audit Report Due to Managing Director’s Illness

February 5, 2026 1185 Views 0 comment Print

Penalty for delayed filing of tax audit report was quashed after illness of the managing director was proved. The tribunal held that medical incapacity constituted reasonable cause under Section 273B.

Interest on Borrowed Capital Forms Part of Cost of Acquisition: ITAT Chennai

February 5, 2026 951 Views 0 comment Print

The dispute involved denial of indexed interest while computing long-term capital gains. The Tribunal ruled that interest incurred wholly for acquiring an asset is deductible under Section 48.

Interest from Co-operative Bank Eligible for Section 80P(2)(d) Deduction: ITAT Surat

February 5, 2026 228 Views 0 comment Print

The case confirms that co-operative societies can claim Section 80P(2)(d) deduction on interest earned from co-operative banks. The appeal was allowed due to clear judicial precedent supporting the claim.

Reopening Based on “Reason to Suspect” Is Invalid: ITAT Chennai

February 5, 2026 279 Views 0 comment Print

The case examined whether vague information justified reassessment proceedings. The Tribunal ruled that absence of concrete material and nexus to escapement makes reopening without jurisdiction and liable to be quashed.

Consistently Followed Project Completion Method Cannot Be Rejected: ITAT Surat

February 5, 2026 240 Views 0 comment Print

The addition was struck down as income was taxed before execution of sale deeds. Advances shown as liabilities were correctly offered to tax only when ownership passed to buyers.

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