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Section 54 Deduction Allowed Even If Original Return Was Not Filed: ITAT Mumbai

January 23, 2026 7089 Views 0 comment Print

The Tribunal held that a Section 54 exemption can be claimed in a reassessment return if it directly relates to escaped income. Delay or non-filing of the original return under Section 139(1) alone cannot defeat a substantive deduction.

No Section 271AAA Penalty Where Search Disclosure Was Proper: ITAT Kolkata

January 23, 2026 558 Views 0 comment Print

The issue was whether penalty could be levied despite disclosure of undisclosed income during search. The Tribunal held that when the assessee explains the manner of earning income and pays due tax, no penalty is leviable.

Bogus Purchases: ITAT Mumbai Restricts Addition to 5% Where Sales Are Undisputed

January 23, 2026 642 Views 0 comment Print

The issue was whether a flat 12.5% disallowance on alleged bogus purchases was justified. The Tribunal ruled that when sales are accepted and books are not rejected, only a lower, reasonable estimation can apply, capping it at 5%.

ITAT Mumbai Deletes On-Money Additions u/s 69/69B; No Cross-Examination of Excel Data

January 23, 2026 711 Views 0 comment Print

The Tribunal deleted additions made solely on third-party Excel data after holding that denial of cross-examination of the key witness violated natural justice. The ruling confirms that such denial is fatal where the statement forms the foundation of the addition.

Penalty on Estimated Bogus Purchases Unsustainable: ITAT Pune

January 23, 2026 582 Views 0 comment Print

The issue was whether penalty under section 271(1)(c) can be levied when bogus purchases are disallowed on an estimated basis. The Tribunal held that estimation does not establish concealment, making the penalty unsustainable.

ITAT Mumbai Quashed Section 69 On-Money Additions for Natural Justice Breach

January 23, 2026 1125 Views 0 comment Print

The case examined additions made in Section 153C assessments based on third-party search material. The Tribunal ruled that additions cannot stand unless incriminating documents are furnished to the assessee.

Cash Gifts From Relatives Not Taxable; Section 68 Addition Quashed by ITAT Kolkata

January 23, 2026 2007 Views 0 comment Print

The Tribunal held that cash gifts received from relatives covered under section 56(2)(vii) cannot be taxed as unexplained credits. Once identity, creditworthiness, and genuineness are proved, section 68 has no application.

ITAT Rajkot Set Aside Trust Registration Rejection for Lack of Proper Hearing

January 23, 2026 294 Views 0 comment Print

The issue was rejection of trust registration as non-maintainable without hearing. The Tribunal ruled that due opportunity must be granted and remanded the matter for fresh consideration.

153C Time-Barred: ITAT Kolkata Quashes Notice Based on Seized Digital Material

January 23, 2026 414 Views 0 comment Print

The issue was whether Section 153C proceedings could continue when seized material was handed over after 01.04.2021. The Tribunal ruled that such notices are barred by law, rendering the assessment void.

ITAT Delhi Deletes Share Capital & 56(2)(viib) Additions: DCF Valuation Upheld

January 23, 2026 381 Views 0 comment Print

The case examined whether the Assessing Officer could reject a DCF valuation. The Tribunal held that commercial valuation choices, if legally prescribed and supported, cannot be second-guessed.

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