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FMV of flat received on surrender of tenancy right will be cost of acquisition

February 25, 2026 609 Views 0 comment Print

ITAT Mumbai held that the cost of acquisition in present case would be the FMV of the flats which the assessee has acquired in exchange of surrender of tenancy right to the developer. Accordingly, AO is directed to re-compute cost of acquisition.

Audit fees allowed as expense as commencement of business proved and expense incurred wholly for business

February 25, 2026 393 Views 0 comment Print

ITAT Panaji held that disallowance of audit fees is not justifiable since commencement of business operation is recognised under the Companies Act and expenditure was incurred wholly and exclusively for business. Accordingly, appeal allowed to that extent.

ITAT Ahmedabad Modifies U/s 263; Share Purchase Cost Disallowance U/s 115BBE on Bogus LTCG Restored to CIT(A)

February 24, 2026 309 Views 0 comment Print

The Tribunal held that the disallowance of share purchase cost under Section 115BBE, arising from alleged bogus LTCG, is interlinked with the quantum issue.

Revision u/s. 263 of Income Tax Act quashed as AO took plausible view

February 24, 2026 447 Views 0 comment Print

ITAT Bangalore held that revisionary power u/s. 263 of the Income Tax Act is not justifiable since AO took plausible view of treating the interest chargeable u/s 28 of the Act being attributable to the business & allowed the deduction claimed u/s 80P(2)(a)(i) of the Act. Accordingly, appeal is allowed.

Section 11(3) Addition Partly Upheld: ₹1.24 Cr (AY 1994-95) Survives; Earlier Accumulations Nil; Matter Remanded to CIT(A) – ITAT Hyderabad

February 24, 2026 276 Views 0 comment Print

ITAT Hyderabad held only ₹1.24 crore accumulation from A.Y. 1994-95 survives for possible Section 11(3) taxation; earlier years’ accumulations were non-existent, and matter restored to CIT(A) for limited verification.

ITAT Hyderabad Quashes U/s 148 Reopening; Third-Party Seized Laptop Data & Non-Compliance with Sec 149(1)(b) Held Fatal

February 24, 2026 588 Views 0 comment Print

The Tribunal quashed the reassessment as the notice issued beyond three years failed to satisfy mandatory conditions under Section 149(1)(b). It held that absence of proper jurisdictional facts and compliance rendered the reopening invalid.

Notional Rent Reduced on Multiple Properties; Covid Vacancy & Ownership Issues Considered – House Property Income Recomputed by ITAT Hyderabad

February 24, 2026 246 Views 0 comment Print

ITAT Hyderabad partly deleted notional rent additions, granting relief for Covid vacancies, sold properties and lack of ownership, while upholding unsupported self-occupation claims.

ITAT Mumbai Deletes Capital Gains Addition for Unsigned MOU & Cross-Examination Denial

February 24, 2026 432 Views 0 comment Print

The Tribunal set aside a capital gains addition based solely on an unsigned digital MOU found in a third-party survey. It held that denial of document copies and cross-examination vitiated the assessment for violating principles of natural justice.

Section 69 Property Addition Deleted – Agreement vs Sale Deed Difference Not Sufficient Evidence: ITAT Ahmedabad

February 24, 2026 405 Views 0 comment Print

The Tribunal upheld deletion of addition made on alleged unexplained investment in property. It held that difference between initial agreement value and final sale deed, without evidence of extra payment, cannot justify addition under Section 69.

632-Day Delay Rejected; Appeal Time-Barred; U/s 271(1)(c) Penalty Quashed for No Satisfaction – ITAT Hyderabad

February 24, 2026 291 Views 0 comment Print

ITAT Hyderabad refused to condone 632-day delay, dismissing appeal as time-barred, but quashed Section 271(1)(c) penalty for lack of recorded satisfaction in assessment order.

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