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Section 80GGC Deduction Denied – Bogus Political Donation Upheld on Human Probability Test

April 25, 2026 1017 Views 0 comment Print

The issue was whether donation to a political party qualified for deduction under Section 80GGC. The tribunal held the claim was not genuine and upheld disallowance due to lack of credibility.

Telecom Receipts Not Royalty/FTS – Taxable Only as Business Profits Absent PE

April 25, 2026 486 Views 0 comment Print

The issue was whether telecom and O&M service receipts are taxable as royalty/FTS in India. The tribunal held they are business profits and not taxable without a PE, granting relief.

Depreciation Allowed on BOT Annuity Rights – Intangible Asset Recognised

April 25, 2026 438 Views 0 comment Print

The tribunal examined whether depreciation can be claimed on concession rights under a BOT/DBFOT project. It held that the right to receive annuity/toll is an intangible asset eligible for depreciation under tax law.

Rs. 2.52 Cr Addition Set Aside – Ex-Parte Assessment Restored Due to Communication Failure & Lack of Opportunity

April 25, 2026 522 Views 0 comment Print

ITAT found that assessment and appeal orders were passed without proper opportunity due to communication issues. The case was remanded for fresh adjudication after granting fair hearing.

On-Money Addition Deleted – No Evidence Beyond Third-Party Pen Drive & Statements

April 25, 2026 1563 Views 0 comment Print

ITAT Mumbai deleted Section 69 addition for alleged on-money as no direct evidence linked assessee. Pen drive data lacked Section 65B proof and cross-exam was denied, rendering addition unsustainable.

Section 68 Addition for Share Premium Addition Deleted due to Limited Scrutiny Breach

April 25, 2026 4401 Views 0 comment Print

The Tribunal held that the AO exceeded the scope of limited scrutiny by invoking Section 68 without prior approval. The assessment was quashed as legally unsustainable, and the addition was deleted.

Additions Based on WhatsApp Chats Third-Party Statements Deleted – No Evidence, No Cross-Examination

April 24, 2026 696 Views 0 comment Print

The Tribunal upheld relief where the assessee provided proof of agricultural activities and income. It rejected additions based solely on statements without investigation. The case underscores the importance of documentary support.

Full Section 54 Exemption Allowed – Pre-Purchase Payments Also Count Towards Investment

April 24, 2026 1131 Views 0 comment Print

The Tribunal held that total investment in the new property must be considered for exemption, not just payments within one year. It allowed full capital gains exemption as conditions were substantially met.

On-Money Addition u/s 69 Deleted – Third-Party Excel Data & Statements Held Insufficient

April 24, 2026 738 Views 0 comment Print

ITAT Mumbai deleted Section 69 addition on alleged on-money, holding third-party statements and unverified pen drive data lack evidentiary value without corroboration or cross-examination, upholding natural justice.

No Need for CGAS Deposit If Entire Capital Gains Utilised Before Filing Return – Matter Remanded for Verification

April 24, 2026 666 Views 0 comment Print

The Tribunal held that deposit in the capital gains scheme is not required if the entire amount is invested before filing the return. The claim was allowed subject to verification.

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