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Assessment Set Aside Due to Need for Fresh Examination of Books & Fair Hearing: ITAT Delhi

May 2, 2026 327 Views 0 comment Print

The Tribunal set aside the assessment after noting that books of accounts were not produced and required reconsideration. It directed a fresh decision with proper opportunity, emphasizing procedural fairness.

No Section 69A Cash Deposit Addition Without Proper Inquiry & Evidence: ITAT Mumbai

May 1, 2026 609 Views 0 comment Print

The Tribunal held that the assessee had adequately explained the source of cash deposits with supporting evidence. Addition under Section 69A was deleted as the AO failed to rebut the explanation.

Penny Stock Allegation Rejected Due to Lack of Evidence Against Share Transactions

May 1, 2026 2679 Views 0 comment Print

The tribunal ruled that reliance only on an investigation report without independent evidence cannot justify treating LTCG as bogus. Additions under Section 68 and commission were deleted.

ITAT Rejects TP Adjustment Due to Incorrect Benchmarking of Power Tariff

May 1, 2026 549 Views 0 comment Print

The Tribunal held that industrial tariff charged by electricity boards is the correct benchmark for CPP transactions. It rejected the use of generator procurement rates adopted by the TPO.

Channel owners cannot be taken as comparables for distributors for transfer pricing purpose

April 30, 2026 426 Views 0 comment Print

ITAT Delhi held that companies owning and operating channels cannot be compared with distribution company for the purpose of transfer pricing. Accordingly, directs TPO to exclude such comparables for benchmarking distribution segment and determination of ALP.

ITAT Deletes PF/ESI Disallowance as Section 143(1) Adjustment Held Beyond Scope

April 30, 2026 783 Views 0 comment Print

The Tribunal examined disallowance made for delayed employee contributions under Section 143(1). It held that debatable issues cannot be adjusted at the processing stage, resulting in relief to the assessee. The ruling clarifies procedural boundaries.

ITAT Quashes Section 271(1)(c Penalty as Unsigned SCN Held Void in Law

April 30, 2026 858 Views 0 comment Print

The issue involved validity of penalty proceedings initiated through an unsigned notice. The Tribunal ruled that such a notice is invalid and cannot confer jurisdiction. The decision highlights the mandatory requirement of proper authentication.

Section 11 Exemption Allowed as Property in Trustees’ Names Held Not Beneficial to Them

April 30, 2026 492 Views 0 comment Print

The case examined whether property registered in trustees’ names violated Section 13(1)(c). The Tribunal held no violation as no benefit accrued to trustees, allowing exemption under Section 11.

Pass-Through Costs Excluded From Transfer Pricing PLI as No Value Addition Was Performed: ITAT Mumbai

April 29, 2026 540 Views 0 comment Print

ITAT Mumbai held that payments made to third-party vendors on a cost-to-cost basis, without any value addition by the assessee, should be treated as pass-through costs and excluded from PLI computation.

Section 269ST Penalty Deleted as Seized Excel Sheets Did Not Prove Single Cash Transaction Above ₹2 Lakh

April 29, 2026 1083 Views 0 comment Print

The Tribunal held that consolidated Excel entries showing aggregate cash sales were insufficient to establish receipt of ₹2 lakh or more in a single transaction, and penalty under Section 271DA could not be sustained.

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