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Section 263 Cannot Replace AO’s View on Reopening Issues

February 4, 2026 579 Views 0 comment Print

The case involved a Section 263 revision alleging failure to make additions after reopening. The Tribunal ruled that once the AO conducts enquiry and takes a conscious decision, revision is impermissible.

Old Trusts Must Get Regular U/s 12A Registration, Not Provisional

February 4, 2026 849 Views 0 comment Print

The case examined rejection of registration due to filing Form 10A instead of Form 10AB. The Tribunal held that clerical or procedural mistakes cannot defeat substantive entitlement of old trusts.

ITAT Mumbai Deleted FBT Addition as Sales Promotion Expenses Gave No Employee Benefit

February 4, 2026 405 Views 0 comment Print

The Tribunal held that advertising and sales promotion expenses incurred on dealers and third parties cannot be treated as fringe benefits. The key takeaway is that FBT applies only where expenditure amounts to consideration for employment.

Land Beyond Municipal Limits Is Not a Capital Asset: Revenue’s Appeal Dismissed

February 4, 2026 549 Views 0 comment Print

The dispute concerned taxability of gains from sale of land located outside municipal boundaries. The Tribunal ruled that such land remains agricultural in nature and is not chargeable to capital gains.

Section 68 Addition Deleted Where Deposits Were Temporary for Student VISA & Repaid

February 4, 2026 369 Views 0 comment Print

The Tribunal deleted a cash credit addition after finding that temporary family deposits were fully explained. The ruling confirms that genuine, short-term deposits cannot be taxed without contrary evidence.

ITAT Surat Remands Section 54F Claim to AO for Fresh Review of Additional Evidence

February 4, 2026 432 Views 0 comment Print

The Tribunal found that the first appellate authority decided the case without proper hearing and remanded the issue of section 54F deduction for fresh examination of additional evidence.

Ad-Hoc 5% Expense Disallowance Held Unsustainable by ITAT

February 4, 2026 330 Views 0 comment Print

The Assessing Officer disallowed expenses merely alleging cash payments without evidence. The Tribunal ruled that expenses supported by records and banking transactions cannot be disallowed on presumptions.

Reopening Below ₹50 Lakh Without PCCIT Approval Is Invalid

February 4, 2026 345 Views 0 comment Print

The issue concerned reopening based on notices never validly served on the assessee. The Tribunal held that defective service of notices strikes at the root of jurisdiction and invalidates the reassessment.

ITAT Chandigarh Set Aside Demonetisation Cash Addition Due to Proven Cash Availability

February 4, 2026 267 Views 0 comment Print

The Tribunal examined demonetisation-period cash deposits and held that prior cash withdrawals supported by bank records could not be disregarded. The ruling clarifies that additions cannot rest on assumptions about personal conduct.

ITAT Chandigarh Restored Appeal as CIT(A) Failed to Decide Case on Merits

February 4, 2026 357 Views 0 comment Print

The Tribunal set aside the appellate order after finding that the appeal was not adjudicated on merits. The matter was remanded to ensure proper consideration after granting adequate opportunity of hearing.

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