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Vague Penalty Notice Invalid: ITAT Deletes 200% Penalty Under Section 270A

April 3, 2026 630 Views 0 comment Print

The Tribunal ruled that failure to specify underreporting or misreporting in notice invalidates penalty. Proper identification of charge is mandatory for valid proceedings.

Reassessment Quashed as Notice Beyond 3 Years Approved by Wrong Authority

April 3, 2026 885 Views 0 comment Print

ITAT held that reassessment initiated with approval from the wrong authority is invalid when issued beyond three years. The entire proceedings were quashed. The key takeaway is that proper sanction under Section 151 is mandatory.

8% Profit Estimate Cut to 3%: AO Ignored Books & Industry Reality

April 3, 2026 681 Views 0 comment Print

ITAT held that estimating profit at 8% without considering records was excessive. It reduced the rate to 3% based on business realities. The key takeaway is that estimation must be reasonable and evidence-based.

Huge Delay Without Proof Rejected: Liberal View Has Limits

April 3, 2026 426 Views 0 comment Print

ITAT rejected condonation of a 963-day delay as the assessee failed to provide supporting evidence for the reasons stated. The Tribunal held that mere claims without proof cannot justify delay.

Delay Condoned for FTC Claim: Pursuing Rectification is Valid Cause

April 3, 2026 318 Views 0 comment Print

The Tribunal condoned a delay of 615 days after finding that the assessee was actively pursuing rectification remedies under Section 154. It held that such bona fide conduct constitutes sufficient cause and delay cannot be treated as negligence.

11-Year Delay Not Condoned: Mere Rectification Plea No Excuse

April 3, 2026 468 Views 0 comment Print

ITAT held that an unexplained delay of over 11 years cannot be condoned without valid reasons. The appeal was dismissed as no sufficient cause was proved.

FTC Cannot Be Denied for Late Form 67: Substantive Right Prevails

April 3, 2026 417 Views 0 comment Print

ITAT held that late filing of Form 67 is only a procedural lapse and not a ground to deny FTC. The matter was remanded for verification and grant of eligible credit.

Agricultural Land Capital Gain Addition Deleted in absence of development or trading intent

April 3, 2026 945 Views 0 comment Print

The issue involved denial of exemption on sale of agricultural land. The Tribunal held that the land met conditions of Section 2(14)(iii), making gains non-taxable. The case examined whether land sale constituted business income. The Tribunal ruled that absence of development or trading intent invalidated such classification.

Capital Gains Deleted as Land Retained Agricultural Character at Time of Sale

April 3, 2026 957 Views 0 comment Print

Tribunal holds buyer’s intended industrial use does not alter land classification; gains from sale of agricultural land held non-taxable.

Companies with significantly higher turnover are not comparable: ITAT Bangalore

April 2, 2026 609 Views 0 comment Print

The issue was whether high-turnover companies can be compared with a smaller software service provider. The Tribunal held that companies with disproportionately large turnover must be excluded as they distort comparability due to scale advantages.

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