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Time-Barred Reassessment Notice Quashed: ITAT Annuls Section 148 Proceedings Beyond Limitation

February 4, 2026 630 Views 0 comment Print

The issue was whether a reassessment notice issued after the limitation period is valid. The Tribunal held that a notice issued beyond the prescribed time is void, nullifying the entire reassessment.

Co-owner’s Relief Applied: ITAT Deletes DVO-Based LTCG Addition and Allows Section 54F Exemption

February 4, 2026 321 Views 0 comment Print

The issue was whether DVO-based valuation could inflate long-term capital gains for a co-owner. The Tribunal held that once co-owner relief applies, the DVO-based addition cannot survive.

Reopening Invalid Where No Addition Made on Recorded Reasons: ITAT Quashes Bogus Loss Disallowance

February 4, 2026 561 Views 0 comment Print

The issue was whether reassessment survives when no addition is made on the reasons recorded for reopening. The Tribunal held that such reopening is invalid, making the entire reassessment unsustainable.

Appeal Cannot Be Dismissed in Limine u/s 249(4)(b) Without Examining Advance Tax Liability

February 4, 2026 624 Views 0 comment Print

The issue was whether an appeal can be dismissed outright for non-payment of advance tax. The Tribunal held that appellate authorities must first examine if advance tax was actually payable before rejecting the appeal.

Section 263 Upheld for Inadequate Check on Political Donations

February 4, 2026 1044 Views 0 comment Print

The issue was whether revision is valid when political donations were not fully verified. The Tribunal held that failure to examine genuineness of donees justifies action under Section 263.

Property Bought Using UAE Earnings Not Taxable as Unexplained

February 4, 2026 573 Views 0 comment Print

The case examined whether overseas income used for Indian property purchase is taxable. The Tribunal held that income earned and remitted from abroad cannot be treated as unexplained investment.

ITAT Delhi Rejected Accommodation Entry Allegation for Lack of Contradictory Evidence

February 4, 2026 621 Views 0 comment Print

The Tribunal upheld deletion of additions after finding that sales receipts were supported by banking records, invoices, and audited books, with no contrary evidence from the tax department.

Section 263 Cannot Replace AO’s View on Reopening Issues

February 4, 2026 657 Views 0 comment Print

The case involved a Section 263 revision alleging failure to make additions after reopening. The Tribunal ruled that once the AO conducts enquiry and takes a conscious decision, revision is impermissible.

Old Trusts Must Get Regular U/s 12A Registration, Not Provisional

February 4, 2026 1077 Views 0 comment Print

The case examined rejection of registration due to filing Form 10A instead of Form 10AB. The Tribunal held that clerical or procedural mistakes cannot defeat substantive entitlement of old trusts.

ITAT Mumbai Deleted FBT Addition as Sales Promotion Expenses Gave No Employee Benefit

February 4, 2026 426 Views 0 comment Print

The Tribunal held that advertising and sales promotion expenses incurred on dealers and third parties cannot be treated as fringe benefits. The key takeaway is that FBT applies only where expenditure amounts to consideration for employment.

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