The issue was whether bogus purchases disallowed under section 37(1) must be reclassified as unexplained expenditure under section 69C. ITAT held that where the source of expenditure is known, section 69C cannot be mechanically invoked.
ITAT Delhi ruled that disallowance under Section 14A cannot be made without AO recording satisfaction under Section 14A(2), fully deleting ₹23.38 lakh claimed from exempt dividend income.
The Tribunal held that AIR-triggered reopening and additions cannot stand where an NRI explains investments with foreign remittance evidence, and remanded the case for fresh verification.
The AO made a ₹90 lakh addition under section 68 despite the case being under limited scrutiny. ITAT held that crossing the approved scope renders the addition and assessment void.
The ITAT held that the proviso to Section 68 requiring proof of source of source applies only from AY 2013–14. Since the year involved was AY 2008–09, the ₹32.04 crore share capital addition was deleted as legally unsustainable.
The ITAT held that reassessment based only on Investigation Wing inputs, without independent application of mind, is invalid. Since reopening itself failed, the Section 68 share capital addition could not survive.
The ITAT ruled that an inadvertent mistake in selecting the assessment year while filing Form 10AB cannot defeat an existing valid registration. Mechanical rejection without record verification was held unsustainable.
The ITAT held that a notice under Section 143(2) issued by a non-jurisdictional AO invalidates the entire assessment. Jurisdictional defects cannot be cured later, making the assessment void from inception.
The assessee could not respond to notices due to death during proceedings. ITAT ruled that bona fide non-compliance cannot override documentary evidence that fully explains the source of cash deposits.
The tribunal ruled that a penalty under section 271(1)(c) cannot stand when the quantum addition forming its basis is deleted. The key takeaway is that penalty proceedings automatically fail without a surviving assessment addition.
