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Estimated Commission Addition Cannot Trigger Concealment Penalty: ITAT Mumbai

February 5, 2026 384 Views 0 comment Print

Relying on jurisdictional High Court precedent, the Tribunal ruled that penalty is unsustainable when additions are based on estimation. The decision reinforces limits on penalty in such cases.

Retracted Third-Party Statement Alone Insufficient for Section 68 Addition: ITAT Mumbai

February 5, 2026 1674 Views 0 comment Print

The ruling addressed conflicts between documentary proof of loans and third-party allegations of accommodation entries. The Tribunal held that unsupported allegations cannot override evidence establishing genuine loan transactions.

Exemption Under Section 10(26AAA) Allowed as Sikkim Old Settler Status Recognised

February 5, 2026 1011 Views 0 comment Print

The case addressed addition of a large gift treated as unexplained cash credit. The Tribunal remanded the matter after admitting additional evidence showing the donor’s identity, relationship, and financial capacity.

₹1.38 Cr Unaccounted Profit Addition Remanded Due to Non-Speaking Appellate Order

February 5, 2026 240 Views 0 comment Print

The Tribunal set aside an appellate order confirming a ₹1.38 crore addition after finding that it lacked merit-based reasoning. The case was remanded for fresh adjudication with a speaking order.

ITAT Mumbai Restores Section 43 Penalty Matter for Fresh Verification of Foreign Bank Accounts

February 4, 2026 468 Views 0 comment Print

The case involved a penalty for alleged non-disclosure of a foreign bank account. The Tribunal held that ambiguity regarding linked currency accounts required fresh verification before sustaining the penalty.

Notice u/s. 148 issued with approval of Member of CBDT is void and invalid

February 4, 2026 702 Views 0 comment Print

ITAT Chennai held that reassessment notice under section 148 of the Income Tax Act issued with approval of the Member of CBDT instead of Pr. CCIT is void and invalid. Accordingly, order passed under section 147 is without legal standing and hence quashed.

ITAT Bangalore: CIT(A) Cannot Dismiss Appeal for Non-Prosecution Without Deciding on Merits

February 4, 2026 537 Views 0 comment Print

The Tribunal found that the assessee was not questioned on stamp duty valuation and old payment sources. It remanded the case for fresh assessment with directions to consider explanations afresh.

ITAT Bangalore: Revenue’s Appeals Dismissed as Section 153C Assessments Already Quashed by HC

February 4, 2026 690 Views 0 comment Print

The Revenue argued that incriminating material justified Section 153C action against a non-searched person. ITAT held that High Court quashing of notices conclusively ends jurisdiction under Section 153C.

ITAT Mumbai: Black Money Act Assessment Fails Once Section 10(1) Notice Is Held Invalid

February 4, 2026 480 Views 0 comment Print

The issue was whether an assessment under the Black Money Act can survive once the foundational notice is held invalid. The Tribunal held that an invalid Section 10(1) notice nullifies all subsequent proceedings.

Appeal Dismissal for Non-Payment of Tax Unjustified Where Returned Income Below Taxable Limit

February 4, 2026 243 Views 0 comment Print

The issue was denial of appellate remedy despite income being below taxable limits. The Tribunal ruled that appeals must be admitted and decided on merits in such cases.

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