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Notional Interest Cannot Be Added Where No Income Earned: ITAT Kolkata

January 21, 2026 273 Views 0 comment Print

The Tribunal ruled that denying Section 80P deduction is unjustified when the underlying interest income itself does not exist. Notional income cannot defeat statutory deductions.

Technical Lapse Ignored: ITAT Upholds Section 11 Exemption Despite Late 10B

January 21, 2026 546 Views 0 comment Print

The Tribunal ruled that exemption for charitable trusts cannot be denied merely due to belated filing of Form 10B. It reaffirmed that the requirement is directory, not mandatory, when the audit report is eventually furnished.

Section 68 Fails When Loan Is Repaid and Properly Documented: ITAT Kolkata

January 21, 2026 1128 Views 0 comment Print

This ruling clarifies that repayment of loan with interest, coupled with documentary proof, negates allegations of unexplained cash credit. Mere suspicion without defects in evidence cannot sustain an addition.

IBC Prevails Over Income-tax: ITAT Dismisses Revenue Appeals Post NCLT Plan

January 21, 2026 1941 Views 0 comment Print

Relying on Supreme Court precedent, the Tribunal held that the IBC has overriding effect over the Income-tax Act. The decision confirms that tax appeals cannot survive once insolvency proceedings are approved.

Reopening Notice on Struck-off Company Invalid: ITAT Kolkata

January 21, 2026 558 Views 0 comment Print

The Tribunal held that a reassessment notice issued to a company already struck off from the ROC is invalid. Since the entity had ceased to exist, the entire reassessment and assessment proceedings were quashed.

ITAT Dismisses Revenue Appeal as Tax Effect Below ₹60L After 115BBE Relief

January 21, 2026 411 Views 0 comment Print

Applying judicial relief on Section 115BBE, the remaining tax demand fell below the prescribed threshold. The ruling reiterates that revenue appeals must be dismissed when tax effect is below CBDT limits.

Purchases Not Bogus When Books Are Accepted & Sales Undisputed: ITAT Delhi

January 21, 2026 897 Views 0 comment Print

The Tribunal ruled that purchases cannot be treated as bogus merely because suppliers did not reply to Section 133(6) notices. When books are audited, evidence is produced, and sales are accepted, disallowance under Section 69C is unsustainable.

Cash Sales During Demonetisation Held Genuine, Section 68 Fails

January 21, 2026 579 Views 0 comment Print

The Tribunal ruled that cash deposited during demonetisation came from genuine business sales already offered to tax. It held that taxing the same amount again under Section 68 and Section 115BBE would amount to impermissible double taxation.

Income Tax Appeal Delay Condoned Due to Counsel Negligence Shown Through WhatsApp Chats

January 21, 2026 1128 Views 0 comment Print

The Tribunal held that documented WhatsApp communications established counsel’s negligence and the assessee’s due diligence, justifying condonation of delay. The matter was restored for fresh adjudication to ensure substantial justice.

Parallel Income Tax Proceedings Barred After Insolvency Resolution Approval: ITAT Delhi

January 21, 2026 375 Views 0 comment Print

The ITAT held that once a resolution plan is approved under the IBC, income-tax proceedings cannot continue. Revenue appeals challenging deletion of additions were dismissed.

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