ITAT Delhi held that levy of penalty under Section 271D requires pending or completed assessment proceedings containing findings on Section 269SS violation. Since no regular assessment was framed, the penalty was directed to be deleted.
Delhi ITAT held that uncorroborated WhatsApp messages and digital chats cannot by themselves establish undisclosed cash transactions. The Tribunal deleted additions made solely on presumptions without independent evidence.
Delhi ITAT held that cash deposits during demonetisation cannot be treated as unexplained when supported by prior bank withdrawals. The Tribunal ruled that the Revenue must prove cash was spent elsewhere before invoking Section 69A.
The Pune ITAT held that entire cash deposits in bank accounts cannot automatically be treated as unexplained income when the assessee appears to be only a conduit in an accommodation entry network. The Tribunal restricted the taxable addition to 2% of deposits after finding no evidence of actual enrichment.
DCIT-CC-8(4) Vs Offbeat Developers Private Limited (ITAT Mumbai) The Mumbai Income Tax Appellate Tribunal examined Revenue appeals involving disallowances made on various expenses claimed by a mall developer engaged in leasing property and providing related services, where income was offered under both “Income from House Property” and “Profits and Gains from Business or Profession.” The […]
Pune ITAT held that accounting reclassification entries and journal adjustments require proper verification before being treated as unexplained income. The matter was remanded after admitting additional evidence.
Pune ITAT held that penalty for under-reporting of income cannot survive where the Assessing Officer accepts the income declared in response to notice under Section 148 without any addition. The Tribunal deleted the entire penalty under Section 270A.
ITAT Mumbai held that prolonged non-payment of interest and repeated amendments to loan agreements justified benchmarking AE loans at a fixed 6.5% rate instead of floating LIBOR rates. The Tribunal also directed grant of credit for interest income already offered to tax suo motu.
Pune ITAT held that appellate authorities must adjudicate issues raised in appeals and cannot mechanically dismiss matters for non-compliance. The Tribunal restored the case for fresh consideration on merits.
Pune ITAT observed that reassessment proceedings initiated beyond three years may not be maintainable where the alleged escaped income is below ₹50 lakh. The matter was remanded for verification of jurisdictional facts and statutory notices.
