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Penny Stock LTCG Cannot Be Treated as Bogus Without Independent Evidence: ITAT Delhi

May 5, 2026 2421 Views 0 comment Print

The Tribunal held that long-term capital gains cannot be disallowed solely on investigation reports and assumptions. It found that documentary evidence and investment history supported genuineness, leading to deletion of additions under Section 68.

Year-End Provisions Trigger TDS – ITAT Upholds Default but Grants Relief Window

May 5, 2026 735 Views 0 comment Print

ITAT holds TDS applies on year-end provisions where payee, amount, and nature are identifiable—assessee treated in default u/s 201. Relief allowed if payees paid tax; no TDS default on salary provisions as deduction arises on payment.

Souharda Society Wins 80P Deduction – ITAT Rejects Technical Denial & Expands Benefit

May 5, 2026 171 Views 0 comment Print

ITAT allows Section 80P deduction to Souharda society, holding registration under Souharda Act qualifies as co-operative society; rejects technical denial, finds no non-member dealings, and rules even disallowances boosting income remain eligible for 80P deduction.

Interest Paid = Deductible When Obligation Exists – ITAT Allows Claim on Capital Bond Arrangement

May 5, 2026 168 Views 0 comment Print

ITAT allows deduction of interest paid under capital bond agreement, holding a clear contractual obligation existed; since corresponding interest income was taxed, matching liability must be allowed-disallowance deleted as one-sided taxation is impermissible.

Delay Excused, Ex-Parte Order Set Aside – ITAT Gives Fresh Hearing with Token Cost

May 5, 2026 105 Views 0 comment Print

Delay of 208 days condoned on bona fide grounds with ₹1,000 cost; ITAT sets aside ex-parte CIT(A) order, holding denial of hearing violates natural justice, and remands matter to AO for fresh adjudication with full opportunity.

No Proof, No Exemption – ITAT Remands “Agricultural Income” Claim with Cost

May 5, 2026 213 Views 0 comment Print

ITAT remands ₹33.12 lakh agricultural income claim due to lack of evidence; holds no proof means taxable u/s 68/115BBE, but grants one more chance for verification, imposing ₹2,000 cost for non-compliance.

100-Month Delay Condoned – ITAT Slams Gross Taxation, Says “Only Net Income Can Be Taxed”

May 5, 2026 546 Views 0 comment Print

Condonation of 100 + month delay allowed on liberal principles with ₹5,000 cost; ITAT holds gross receipts of charitable trust cannot be taxed-even if Sec 11 denied, only net income after expenses is taxable; matter remanded for verification.

TP Adjustments Reworked – ITAT Strikes Down Wrong Comparables, Demands Parity & Scientific Analysis

May 5, 2026 129 Views 0 comment Print

TP ruling clarifies that comparables must meet uniform filters, FAR analysis prevails over search matrix, ESOP adjustments require parity, working capital needs scientific computation, and delayed receivables attract LIBOR-based interest.

Addition Deleted Due to Pure Estimation on Borrowed Satisfaction Without Verification

May 5, 2026 429 Views 0 comment Print

The case examined reassessment based on third-party information without independent application of mind. The Tribunal ruled that reliance on borrowed satisfaction invalidated the addition, leading to its deletion.

Addition Deleted Due to Proof of Creditworthiness & Genuineness of Bank Transfers

May 5, 2026 348 Views 0 comment Print

The issue involved unexplained bank credits treated under Section 69A. The Tribunal held that the assessee proved identity, creditworthiness, and genuineness, leading to deletion of the addition.

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