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Section 263 Invoked for Lack of Inquiry into Exceptional Items

January 17, 2026 432 Views 0 comment Print

The dispute centered on whether omission to verify exceptional items prejudices revenue. The Tribunal upheld revision, emphasizing Explanation 2 to section 263. The ruling reinforces that absence of inquiry itself is sufficient ground for revision.

Post-Checkmate Law: Late PF/ESI Deposits Mandate Disallowance

January 17, 2026 1224 Views 0 comment Print

The tribunal upheld disallowance of employees’ PF and ESI contributions paid after statutory due dates. Following the Supreme Court’s Checkmate ruling, delayed deposits are deemed income and not deductible.

Audit Penalty Set Aside Due to Bona Fide Cause for Delay

January 17, 2026 867 Views 0 comment Print

The dispute concerned late filing of an audit report triggering penalty under section 271B. The Tribunal accepted personal hardship and first-year audit obligation as reasonable cause under section 273B. The decision reinforces relief where delay is genuine and explained.

Dividend Exemption Restored as Form Cannot Override Substance

January 17, 2026 315 Views 0 comment Print

The Tribunal emphasized that exempt income disclosed in the return cannot be taxed due to a technical reporting mistake. Substance of disclosure prevails over form where facts are undisputed.

Section 68 Addition Set Aside for Non-Consideration of Evidence

January 17, 2026 621 Views 0 comment Print

The case involved a cash seizure treated as unexplained solely because the tax officer assumed no response was filed. The Tribunal ruled that overlooking documentary replies violates natural justice and warrants remand.

80G Approval Not Deniable for Incidental Religious Activities

January 16, 2026 783 Views 0 comment Print

The Tribunal ruled that trusts engaged mainly in education, medical aid, and public welfare remain eligible for 80G. Minor worship-related elements do not alter charitable character.

Demonetisation Cash Deposits Partly Explained, Balance Deleted

January 16, 2026 531 Views 0 comment Print

The Tribunal examined cash deposits made during the demonetisation period and accepted explanations relating to past savings and business collections. Only the agricultural income claim was remanded for limited verification.

No Bank Entry or Form 26AS: Professional Fee Claim Rejected

January 16, 2026 1476 Views 0 comment Print

The Tribunal examined whether professional fees claimed were actually incurred and for business purposes. It held that absence of evidence like bank payment, TDS, and service details justified disallowance.

Stamp Duty Addition Deleted for Lack of Evidence of Claim

January 16, 2026 426 Views 0 comment Print

The Assessing Officer alleged incorrect claim of stamp duty expenditure without identifying any such entry in the accounts. The Tribunal deleted the addition, holding it to be based on presumption.

Ex-Parte LTCG Order Set Aside for Fresh, Fair Computation

January 16, 2026 468 Views 0 comment Print

The ITAT restored an ex-parte assessment where LTCG was added mechanically without hearing the taxpayer. The ruling reinforces that denial of natural justice vitiates capital gains assessments.

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