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Section 68 Addition Cannot Be Sustained as Suspicion Alone Is Not Evidence: ITAT Delhi

June 28, 2026 477 Views 0 comment Print

The ITAT Delhi upheld the deletion of an ₹80 lakh addition after holding that the assessee had established the identity, creditworthiness and genuineness of the lender companies. The Tribunal ruled that additions cannot rest solely on suspicion of circular transactions without corroborative evidence.

ITAT Allows Additional R&D Deduction as AO Granted Only 100% Instead of 200%

June 28, 2026 144 Views 0 comment Print

ITAT Chennai held that Assessing Officer should have allowed 200% weighted deduction on DSIR-certified capital expenditure under section 35(2AB). It also directed verification of uncertified scientific research expenditure for deduction under section 35(1)(iv).

Assessment Challenge Fails as AO Cannot Question Commercial Wisdom of Borrowing

June 28, 2026 270 Views 0 comment Print

The Delhi High Court held that borrowing funds to repay an earlier loan falls within the assessee’s commercial wisdom. It upheld the allowance of related expenditure and dismissed the Department’s appeal.

Chhattisgarh HC Dismisses Income Tax Writ Appeal as No Ground Existed to Issue Mandamus

June 28, 2026 150 Views 0 comment Print

The High Court upheld the dismissal of a writ petition seeking action on an alleged tax evasion complaint, holding that no case for issuing a writ of mandamus was made out at that stage. It found no illegality or jurisdictional error in the Single Judge’s order.

GST Demand Cannot Stand Where Portal Notice Was Uploaded in Incorrect Tab: Allahabad HC

June 28, 2026 477 Views 0 comment Print

The Allahabad High Court quashed a GST demand order after finding that notices were uploaded under the “Additional Notices and Orders” tab instead of the prescribed tab. The Court directed issuance of a fresh notice with at least 15 clear days’ notice.

TP Adjustment Set Aside for Failure to Prove Profit Shifting Under Section 80-IA(10)

June 28, 2026 147 Views 0 comment Print

The ITAT held that a transfer pricing adjustment under Section 80-IA(10) cannot be sustained without proving the statutory conditions, including close connection, arranged business transactions, and more than ordinary profits. The Tribunal deleted the adjustment for lack of foundational evidence.

Lack of Proper Legal Advice Sufficient to Condon Appeal Delay: ITAT Ahmedabad

June 28, 2026 225 Views 0 comment Print

The ITAT Ahmedabad held that the CIT(A) wrongly dismissed the appeal as time-barred despite a condonation application being on record. The matter was remanded for adjudication on merits after condoning the delay.

ITAT Remands Section 69A Addition as Additional Evidence Goes to Root of Dispute

June 28, 2026 402 Views 0 comment Print

The ITAT Ahmedabad admitted additional evidence relating to foreign remittances and restored the matter to the DRP for fresh adjudication. It held that the documents were necessary for proper determination of the issues.

Section 69 Addition Deleted as Property Investment Was Made in Earlier Year

June 28, 2026 225 Views 0 comment Print

The ITAT Ahmedabad held that unexplained investment under Section 69 can be taxed only in the year the investment is actually made. Since the property payments were made in an earlier financial year, the additions for A.Y. 2016-17 were deleted.

ITAT Deletes TP Adjustment as Earlier Coordinate Bench Ruling Was Binding

June 28, 2026 150 Views 0 comment Print

The ITAT Mumbai deleted a transfer pricing adjustment of ₹61.22 crore after finding the facts identical to an earlier assessment year. It held that a pending High Court appeal does not dilute the binding nature of an unreversed Tribunal decision.

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