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All ITAT

No Shares, No Dividend-ITAT Holds Mandatory Transfer to Govt Not Liable for DDT

April 1, 2026 294 Views 0 comment Print

ITAT held that statutory transfer of funds to the government is not dividend under Section 2(22). Hence, dividend distribution tax under Section 115-O is not applicable.

Wrong Approval Authority = Entire Reassessment Void; ITAT Quashes 148 Proceedings

April 1, 2026 666 Views 0 comment Print

ITAT held reassessment invalid due to approval taken from an incorrect authority under Section 151. The ruling confirms that improper sanction makes the entire proceeding void ab initio.

Technical Dismissal Upheld but ITAT Orders Fresh Review After 26AS Correction

April 1, 2026 387 Views 0 comment Print

The Tribunal upheld dismissal of appeal for non-payment of tax under Section 249(4)(b). However, it remanded the case after finding that the addition based on Form 26AS may be incorrect.

No Building Approval, No 12AB-Yet ITAT Grants Fresh Chance Due to Short Compliance Window

April 1, 2026 2094 Views 0 comment Print

The Tribunal noted that registration was denied due to failure to submit building and safety approvals. It remanded the matter, holding that a fair opportunity must be given before rejecting charitable registration.

ESOP Discount Allowable as Business Expenditure; ITAT Follows Karnataka HC, Revenue Appeal Dismissed

April 1, 2026 435 Views 0 comment Print

The Tribunal upheld that ESOP discount is a valid business expense under Section 37(1), rejecting the view that it is notional or capital. The key takeaway is that ESOP costs are allowable as employee compensation.

Updated Return During Scrutiny Invalid; ITAT Grants Relief Only for Limited Verification

April 1, 2026 660 Views 0 comment Print

The Tribunal held that updated returns filed during ongoing assessment proceedings are not valid under Section 139(8A). The key takeaway is that taxpayers cannot correct returns once scrutiny has begun, though limited relief may still be granted.

ITAT Remands ₹16.03 Cr Share Premium Addition Case for Denial of Proper Hearing  

April 1, 2026 3717 Views 0 comment Print

The Tribunal held that the assessee was not given adequate opportunity to present evidence. The matter was remanded for fresh adjudication considering additional documents.

Notional Interest Addition Deleted Due to Absence of Fresh Advances & Sufficient Funds

April 1, 2026 459 Views 0 comment Print

The Tribunal held that where interest-free funds exceed investments, no disallowance is warranted. It applied the presumption that investments are made from own funds.

Section 148 Notice Invalid When Issued After Limitation Deadline: ITAT Mumbai

April 1, 2026 1677 Views 0 comment Print

Zee Entertainment Enterprises Limited Vs DCIT (ITAT Mumbai) The matter concerns two appeals filed by the assessee against orders of the Commissioner of Income Tax (Appeals)-48, Mumbai, for Assessment Years (AY) 2015–16 and 2019–20. Both appeals arise from assessment orders passed under Section 143(3) read with Section 147 of the Income Tax Act, 1961. Since […]

Section 68 Addition Upheld for Failure to Prove Genuineness of Advance: ITAT Delhi

April 1, 2026 630 Views 0 comment Print

The ITAT upheld ₹90 lakh addition as the assessee failed to establish genuineness and creditworthiness of the transaction. The ruling emphasizes the burden of proof on taxpayers in cash credit cases.

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