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Section 271(1)(c) Penalty Invalid as Notice Lacked Specific Charge: ITAT Mumbai

December 8, 2025 723 Views 0 comment Print

The Tribunal held that the penalty was invalid because the notice failed to specify whether the charge was concealment or furnishing inaccurate particulars. The ruling confirms that ambiguity in penalty notices under section 271(1)(c) is fatal.

Reassessment Quashed for Wrong Sanction: Notice Issued Without Mandatory PCCIT Approval

December 8, 2025 1140 Views 0 comment Print

The Tribunal held that a reassessment notice issued beyond three years was invalid because approval was taken from the PCIT instead of the PCCIT. The ruling reiterates that the 2023 amendment to Section 151 cannot be applied retrospectively.

Receipts on surrender of tenancy rights not taxable U/s 56(2)(x): ITAT Mumbai

December 8, 2025 6309 Views 0 comment Print

The Tribunal held that receipts on surrender of tenancy rights were capital in nature and not taxable under section 56(2)(x). It ruled that such receipts qualify for capital gains treatment and related exemptions.

ITAT Allows Full Addition After Purchases Held Bogus: 8% Estimation Rejected

December 8, 2025 2457 Views 0 comment Print

The Tribunal held that once purchases are proven bogus, the entire amount must be added back, rejecting the CIT(A)’s 8% profit estimation. The ruling confirms that unexplained expenditure cannot be allowed under section 69C.

Indexation From Previous Owner Upheld in Family Settlement & Demerger: ITAT Delhi

December 7, 2025 822 Views 0 comment Print

Tribunal held that no capital gains arise on amalgamation or demerger carried out as part of a genuine family settlement. It ruled that such restructuring is not a “transfer” under tax law, affirming the assessee’s indexed cost and tax-neutral treatment.

Notional Turnover ≠ Real Income: ITAT Sends F&O Estimate Back for Fresh Look

December 7, 2025 471 Views 0 comment Print

ITAT Chennai ruled that notional contract values in F&O trading cannot be treated as real income. The case was sent back to the AO for reassessment based on actual profits and losses.

ITAT Allows Section 54 Deduction despite Registration Delay as Payments Made in Time

December 7, 2025 1209 Views 0 comment Print

ITAT Chennai ruled that a delay in property registration due to the builder cannot deny a Section 54 deduction if the capital gains were reinvested on time. Timely payments, not registration, are the key requirement.

Penalty u/s. 271(1)(c) quashed as additional income was voluntarily disclosed and not based on seized material

December 6, 2025 1239 Views 0 comment Print

ITAT Chennai held that penalty under section 271(1)(c) of the Income Tax Act not sustainable since the additional income offered by the assessee was voluntary and addition is not based upon incriminating material seized during the course of search. Accordingly, order of CIT(A) upheld and appeal of revenue dismissed.

Notice Under Section 148 Quashed for Reassessment Without Tangible Evidence

December 6, 2025 582 Views 0 comment Print

ITAT held that reopening of assessment under Section 148 is invalid if no fresh material emerges. Key takeaway: AO cannot reopen concluded assessments on pre-existing facts.

ITAT Deletes ₹6.67 Cr Gold Stock Additions After Complete Reconciliation

December 6, 2025 315 Views 0 comment Print

Tribunal held that additions for excess gold stock under Section 69A could not stand when purchases, job-work gold, and export stock were fully supported by invoices, confirmations, and bank records. The ruling emphasizes that reconciled and verified records override survey-time assumptions.

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