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ITAT Deletes Addition Causing Duplicate Disallowance of Expenses

January 13, 2026 540 Views 0 comment Print

The issue was whether further disallowance could be made after a suo motu 30% disallowance under section 40(a)(ia). The Tribunal ruled that any additional adjustment amounts to double disallowance and is impermissible.

Assessment Quashed for Using Section 143(3) After Search Proceedings Began

January 13, 2026 558 Views 0 comment Print

The issue was whether a regular assessment could survive once section 153C was triggered for a non-searched person. The Tribunal ruled that pending scrutiny abates, making an assessment under section 143(3) void from inception.

Unsigned Notice: ITAT Ahmedabad Quashes Reassessments as Void ab initio

January 13, 2026 1878 Views 0 comment Print

The issue was whether reassessment can stand on an unsigned notice under Section 148. ITAT held that an unsigned notice confers no jurisdiction, rendering the reassessment void ab initio.

Capital Gains Tax of ₹2.28-Crore was set aside on Housing Society for developer payments to members

January 13, 2026 813 Views 0 comment Print

Addition of ₹2.28 crore made as long-term capital gains in the hands of the assessee society was deleted in full as amount paid by a developer directly to individual members of a co-operative housing society pursuant to redevelopment cannot be taxed as capital gains in the hands of the society, particularly when the society itself never received the amount.

Unsigned Seized Agreement Cannot Prove Cash Receipt: Section 69A Addition Deleted

January 13, 2026 570 Views 0 comment Print

The ITAT held that an unsigned and unexecuted seized agreement cannot establish receipt of cash. The key takeaway is that additions under Section 69A require proof of actual receipt, not mere allegations.

Addition u/s. 69A deleted as cash duly recorded in books of accounts

January 13, 2026 1110 Views 0 comment Print

ITAT Delhi held that cash is duly recorded in the books of accounts hence addition of the same under section 69A of the Income Tax Act as unexplained money. Accordingly, addition rightly deleted by CIT(A). Appeal of the revenue dismissed.

Additions Based on mere Third-Party Loose Papers Quashed by ITAT Pune

January 13, 2026 768 Views 0 comment Print

The Tribunal set aside an addition made only on documents seized from a builder during search proceedings. The ruling underscores that independent evidence against the assessee is mandatory.

Reassessment Quashed as Jurisdictional AO Lacked Faceless Authority: ITAT Hyderabad

January 13, 2026 759 Views 0 comment Print

The issue was whether reassessment notices issued by the Jurisdictional AO were valid after the faceless regime. ITAT held that post-notification, only the Faceless AO could act, rendering the reassessment void.

ITAT Delhi Set Aside Bogus Purchase Addition for Breach of Section 250(6)

January 13, 2026 843 Views 0 comment Print

The issue was whether the appellate order properly dealt with bogus purchase additions. ITAT held that a non-speaking NFAC order violating section 250(6) must be set aside.

Depreciation on Intangible Highway Assets Allowed: ITAT Delhi

January 13, 2026 363 Views 0 comment Print

The issue was whether depreciation can be claimed on BOT road projects. ITAT upheld depreciation, rejecting mere amortisation under the CBDT circular.

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