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Section 153A Assessment Quashed as Notices Issued in Name of Deceased Assessee

January 31, 2026 408 Views 0 comment Print

The issue was whether an assessment could survive when statutory notices were issued in the name of a deceased person. The Tribunal held such notices invalid and quashed the entire assessment.

Bogus Share Premium & Loan Confirmed as Section 68 Addition by ITAT Mumbai

January 31, 2026 942 Views 0 comment Print

The case involved share capital raised at a high premium based on unexecuted projects and circular fund routing. ITAT held that failure to prove creditworthiness and genuineness justified addition under Section 68.

Final assessment order barred by limitation as passed beyond time limit prescribed u/s. 144C(13)

January 31, 2026 915 Views 0 comment Print

ITAT Delhi held that final assessment order passed beyond the period of limitation for passing the order u/s 144C(13) r.w.s. 153 of the Income Tax Act. Accordingly, the same is barred by limitation and hence liable to be quashed.

Section 270A Penalty Fails After Quantum Section 56(2)(x) Addition Is Set Aside

January 31, 2026 810 Views 0 comment Print

The Tribunal considered whether a penalty can stand independently while the core addition is pending fresh adjudication. It ruled that penalty cannot precede final determination of income and must be deleted at this stage.

Addition quashed as Form 2 under Income Declaration Scheme not served: ITAT Chennai

January 31, 2026 399 Views 0 comment Print

ITAT Chennai held that section 197(b) of the Finance Act, 2016 cannot be invoked since Form 2 as contemplated under Income Declaration Scheme not served. Accordingly, addition u/s. 69A made in assessment u/s. 147 r.w.s. 144 liable to be deleted.

Reopening Quashed for Mechanical Approval and Verbatim Borrowed Reasons; Penalty Automatically Falls

January 31, 2026 420 Views 0 comment Print

The Tribunal examined whether the AO formed an independent belief before reopening. Finding verbatim reasons and rubber-stamp approval, it set aside the reassessment and consequential penalty.

Reopening Beyond 3 Years Quashed for Want of Proper Section 151(ii) Sanction from Pr. CCIT

January 31, 2026 894 Views 0 comment Print

The Tribunal assessed compliance with revised reassessment provisions post Finance Act, 2021. It ruled that sanction by a lower authority after three years is non-est in law, leading to quashing of the reassessment.

Illegal Remand of Scrutiny Assessment Set Aside by ITAT Mumbai

January 31, 2026 540 Views 0 comment Print

CIT(A) remanded a completed scrutiny assessment even after the AO accepted additional evidence in remand. ITAT ruled this exceeded statutory powers and restored the case to CIT(A) for a merits-based decision.

Assessment Quashed as u/s 143(2) Notice Not in CBDT-Prescribed E-Scrutiny Format

January 31, 2026 2313 Views 0 comment Print

The issue was whether an assessment could survive when the scrutiny notice was not issued in the CBDT-prescribed e-format. The Tribunal held the notice invalid and quashed the entire assessment as void.

Penny Stock LTCG Accepted as Genuine; No Assessee-Specific Evidence for Additions

January 31, 2026 876 Views 0 comment Print

The issue was whether screen-based stock exchange trades can be ignored due to alleged exit providers. The Tribunal ruled that non-response of buyers and weak financials of counterparties do not invalidate genuine exchange-routed transactions.

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