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TDS on Interest to Co-operative Societies: ITAT Mumbai Holds Co-operative Bank Liable u/s 194A

January 21, 2026 564 Views 0 comment Print

The Tribunal held that a co-operative bank must deduct TDS on interest beyond the threshold despite payment to co-operative societies. Specific TDS provisions were held to override general exemptions.

No Depreciation, No Section 50: ITAT Mumbai Deletes Addition on Car Sale

January 21, 2026 609 Views 1 comment Print

The issue was whether Section 50 can apply when no depreciation was ever claimed or allowed on cars. The Tribunal held that without actual depreciation, Section 50 cannot be invoked and the addition was deleted.

Section 271(1)(c) Penalty Deleted as Section 14A Disallowance Alone Is Not Enough: ITAT Mumbai

January 21, 2026 495 Views 0 comment Print

The Tribunal clarified that confirmation of a Section 14A read with Rule 8D disallowance does not automatically justify penalty. Independent findings showing inaccurate particulars or concealment are mandatory.

Section 271(1)(c) Penalty not leviable on estimated bogus-purchase disallowance: ITAT Mumbai

January 21, 2026 735 Views 0 comment Print

Where the extent of inflated purchases cannot be quantified and is restricted to a nominal percentage, penalty provisions do not apply. The ruling reinforces the distinction between estimated additions and proven concealment.

Bogus Purchase addition restricted to 10% Despite Entry Operator Statement

January 21, 2026 1032 Views 0 comment Print

The issue was whether the entire purchase amount could be added under Section 69C based solely on an entry-operator’s denial. The Tribunal ruled that since sales were accepted and books not rejected, only a 10% estimated disallowance was justified.

Assessment Set Aside for Non-Consideration of Mandatory Penalty Provisions

January 21, 2026 630 Views 0 comment Print

It was held that applying Sections 69/69A read with Section 115BBE without examining penalty under Section 271AAC justified revision. The PCIT’s direction to reframe the assessment was sustained.

TP Adjustment Based on DRI Allegations Cannot Survive After Exoneration: ITAT Mumbai

January 21, 2026 498 Views 0 comment Print

The issue was whether a transfer pricing adjustment could survive when based solely on DRI allegations later dropped. The Tribunal held that once customs authorities exonerated the assessee, the TP adjustment had no foundation and was rightly deleted.

Section 148 Notices Void as Issued Outside Mandatory Faceless Scheme

January 21, 2026 534 Views 0 comment Print

The ITAT held that reassessment notices issued by the Jurisdictional AO after 29.03.2022 are void under the faceless regime. Since the assessments were invalid, all consequential penalty orders were also quashed.

ITAT Mumbai Restricts Bogus Purchase Addition to 6%; Full 69C Disallowance Set Aside

January 21, 2026 732 Views 0 comment Print

The issue was whether the entire amount of alleged bogus purchases could be disallowed under Section 69C. ITAT Mumbai held that in the absence of corroborative evidence, only the profit element can be taxed, restricting the addition to 6%.

Joint Owner (Housewife) Not Taxable u/s 56(2)(vii)(b) Where Spouse Paid Entire Consideration

January 21, 2026 825 Views 0 comment Print

The case examined taxability of stamp duty differential in the hands of a housewife joint owner. The Tribunal ruled that absence of financial contribution bars addition under Section 56(2)(vii)(b).

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