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All ITAT

No Trade, No Income – Broker’s PAN Error Collapses Addition

December 27, 2025 264 Views 0 comment Print

The case examined whether exchange data alone could justify taxing alleged commodity profits. The Tribunal ruled that once the broker admits wrong PAN mapping and identifies the real trader, the addition cannot survive.

Section 90 Relief Overrides Technical Delay in Form 67

December 27, 2025 540 Views 0 comment Print

The issue was whether late filing of Form 67 bars foreign tax credit under DTAA. ITAT held that FTC is a substantive right under section 90 and cannot be denied for a procedural delay.

No Evidence, No Bogus LTCG: U/s 68 Can’t Rest on Suspicion

December 27, 2025 723 Views 0 comment Print

The AO relied on human probability, abnormal price movement and third-party material. ITAT held that without direct evidence against the assessee, LTCG cannot be branded sham.

Donations Deduction Allowed Despite Return-Form Constraints

December 27, 2025 348 Views 0 comment Print

The issue was whether dividend income loses s.10(34) exemption due to violation of s.11(5). ITAT held that income excluded under Chapter III never enters s.11 computation, so dividend remains exempt.

EPF/ESI Disallowance from CPC Not Open in Section 143(3) Appeal

December 27, 2025 672 Views 0 comment Print

The assessee sought to contest an EPF/ESI disallowance arising only from CPC processing. ITAT ruled that issues from 143(1) must be challenged independently, not through a 143(3) appeal.

Income Booked Earlier, TDS Reflected Later: Addition Set Aside

December 27, 2025 585 Views 0 comment Print

The assessee explained that income and TDS were recognized in different financial years. ITAT restored the matter for limited verification and barred automatic taxation.

VAT-Accepted Turnover Can’t Be Retaxed as Unexplained Cash

December 27, 2025 624 Views 0 comment Print

The Tribunal ruled that cash deposited from recorded demonetisation-period sales cannot be treated as unexplained when books and VAT turnover are accepted. Suspicion without evidence cannot justify section 69A additions.

Filing ITR-7 Instead of ITR-5 Doesn’t Invite Automatic Disallowance

December 27, 2025 702 Views 0 comment Print

The issue was whether filing ITR-7 instead of ITR-5 justified blanket disallowance of expenses. ITAT held that wrong ITR selection is a procedural lapse and cannot wipe out genuine expenditure.

Form 26QB vs 26AS Discrepancy: Rectification Can’t Be Isolated

December 27, 2025 555 Views 0 comment Print

The AO passed a rectification order while the core section 50C addition was pending fresh adjudication. ITAT ruled that such parallel adjudication leads to inconsistency and must be avoided.

Section 151(ii) Violation Invalidates Late Section 148 Notices

December 27, 2025 813 Views 1 comment Print

ITAT Delhi held that Section 148 notices issued with approval from an incorrect authority are invalid. Reassessment orders for AYs 2016-17 and 2017-18 were quashed.

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