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All ITAT

Rule of Consistency Bars On-Money Addition Against One Co-Owner

January 6, 2026 672 Views 0 comment Print

The issue was whether a buyer could be taxed for alleged cash payment based only on the seller’s admission. The Tribunal ruled that in the absence of direct or corroborative evidence, no on-money addition can be sustained in the buyer’s hands.

₹4 Crore Addition Deleted Because Jurisdiction Collapsed Under Section 153C

January 6, 2026 405 Views 0 comment Print

The Tribunal ruled that the reassessment was time-barred because limitation was wrongly computed from the search date. The key takeaway is that receipt of seized material governs jurisdiction for non-searched persons.

Agreed Addition Not Conclusive Where Law Grants Exemption

January 6, 2026 372 Views 0 comment Print

Capital gains arose from land compulsorily acquired by a government authority. ITAT directed the AO to re-examine eligibility for exemption under Section 10(37).

“Attributable” Has Wider Scope Than “Derived” Under Section 80P

January 6, 2026 390 Views 0 comment Print

The Revenue disallowed 80P deduction by treating FDR interest as income from surplus funds. ITAT ruled Totgars applies only to surplus funds, not to statutory reserves mandated by co-operative law.

Revenue Appeal Infructuous After Section 263 Order Set Aside

January 6, 2026 633 Views 0 comment Print

ITAT Ahmedabad held that if a Section 263 revision order is quashed, any consequential assessment and appeals based on it are rendered inoperative. Key takeaway: assessments cannot stand on invalid foundations.

Notice Issued for Incorrect Year Renders Reassessment Void

January 6, 2026 558 Views 0 comment Print

The reassessment was initiated for AY 2013-14 using reasons recorded for AY 2012-13. ITAT held that reopening for the wrong year is void, causing the entire Section 147 assessment to collapse.

Books Not Proper, Estimated Income Still Penalised by ITAT

January 6, 2026 516 Views 0 comment Print

ITAT Jaipur confirmed that Section 270A(6)(b) exclusion is inapplicable when accounts are incorrect or incomplete. Key takeaway: defective records make estimated disallowances liable to penalty.

Leave Encashment Limit Enhanced, Full ₹13.12 Lakh Exempt Allowed

January 6, 2026 2748 Views 0 comment Print

The issue was whether leave encashment exemption should be capped at ₹3 lakh or ₹25 lakh. ITAT held that the enhanced ₹25 lakh limit applies, making the entire ₹13.12 lakh fully exempt.

Religious Functions Alone Can’t Secure Charitable Registration

January 6, 2026 219 Views 0 comment Print

The issue was whether daily pooja and religious ceremonies qualify as charitable activities. ITAT held that worship-centric activities are purely religious and do not meet the statutory test for charitable registration.

CBDT Memorandum Not Conclusive Proof of Bogus Donation

January 6, 2026 513 Views 0 comment Print

The AO disallowed a weighted deduction relying only on a subsequent CBDT list. ITAT ruled that factual verification and proof of bogus donation are mandatory before denying the claim.

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