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Estimation of Profit Bars Further Expense Disallowance – AO Cannot Blow Hot and Cold

December 25, 2025 723 Views 0 comment Print

The ITAT ruled that once profits are estimated under Section 145, further disallowances of salary or commission expenses cannot be made from the same books, emphasizing assessment consistency.

Section 271D Penalty Quashed Because Transaction Was Accepted as Genuine

December 25, 2025 606 Views 0 comment Print

The Tribunal held that once cash received was accepted in assessment without any addition, penalty for alleged violation of Section 269SS could not be sustained.

Foreign Exchange Loss Allowed as Not Notional Under Mercantile Accounting

December 25, 2025 495 Views 0 comment Print

The issue was whether foreign exchange fluctuation loss recorded at year-end was notional and disallowable. The Tribunal upheld its allowability, holding that losses accounted under consistent mercantile practice and accounting standards are deductible.

Section 80JJAA Deduction Cannot Be Fully Denied for Partial 240-Day Non-Compliance

December 25, 2025 495 Views 0 comment Print

The issue was whether the entire Section 80JJAA deduction could be rejected when some employees failed the 240-day condition. The Tribunal held that only ineligible employees’ costs can be disallowed, not the whole claim.

Capital Gains Taxable Despite Gram Panchayat Certificate When Land Is Within 8 km of Municipality

December 25, 2025 798 Views 0 comment Print

The Tribunal examined whether agricultural land qualified as a non-capital asset and upheld taxation after finding it within the prescribed municipal distance. The ruling reiterates that physical verification and reliable evidence prevail over unsupported certificates.

Reassessment Quashed for Borrowed Satisfaction in Alleged Accommodation Entry Case

December 25, 2025 804 Views 0 comment Print

The dispute concerned profits alleged to arise from non-genuine option trades. The Tribunal held that reassessment failed because the AO did not independently examine or correlate the information to the assessee’s case.

No addition based on Unsigned Draft Agreement Found on Third Party’s Hard Disk Without Corroboration

December 25, 2025 702 Views 0 comment Print

The Tribunal ruled that an unsigned and undated draft agreement seized from a third party cannot justify an addition for unexplained investment without corroborative evidence.

Section 115BBE Not Applicable to Business Receipts; Only Profit on Cash Deposits Taxable

December 25, 2025 630 Views 0 comment Print

The Tribunal held that cash deposits representing trading receipts cannot be taxed in full as unexplained income. Only the estimated profit portion was directed to be assessed.

Excess Stock from Survey Taxable as Business Income, Section 115BBE Inapplicable

December 25, 2025 1005 Views 0 comment Print

The Tribunal held that excess stock found during survey, when arising from regular business activity and disclosed in accounts, cannot be taxed as unexplained investment under Section 69B.

Closing Stock Revalued Without Adjusting Opening Stock Held Unsustainable

December 25, 2025 537 Views 0 comment Print

The Tribunal held that when closing stock is revalued under Section 145A to include tax components, opening stock must also be revalued on the same basis. The case was remanded to ensure consistent valuation and accurate profit computation.

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