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Excess Stock in Survey = Business Income, Not 115BBE Hit – ITAT Pune Draws Clear Line

May 4, 2026 228 Views 0 comment Print

The Tribunal held that excess stock found during survey had direct nexus with business operations. It ruled that such income should be taxed as business income, not as unexplained investment under special provisions.

No Specific Charge = No Penalty – ITAT Deletes 270A Penalty for Vague Notice Bonafide Claim

May 4, 2026 351 Views 0 comment Print

The Tribunal held that absence of a clear charge in the penalty notice makes the proceedings invalid. It ruled that failure to specify the exact limb of misreporting renders the penalty unsustainable.

Updated Return Can’t Kill Genuine Exemption – ITAT Allows Section 11 Relief Despite Delay

May 4, 2026 507 Views 0 comment Print

The Tribunal held that prior to the 2023 amendment, returns filed within the broader time under Section 139 were eligible for exemption. It ruled that updated returns could not be denied benefits retrospectively.

Section 54 Exemption not eligible on Sale of Open Land Without Building: ITAT Allahabad

May 4, 2026 618 Views 0 comment Print

The tribunal held that selling only open land, even if earlier part of a residential property, does not qualify as transfer of a residential house. Since no building was sold, exemption under Section 54 was rightly denied.

ITAT Hyderabad Quashes Reassessment Due to Time-Barred Section 148 Notice

May 4, 2026 705 Views 0 comment Print

The case examined validity of a reassessment notice issued beyond statutory limits. The ITAT held the notice invalid as it exceeded the permissible time period. It reinforces strict compliance with limitation provisions.

ITAT Upholds Book Rejection Due to Defective Vouchers but Reduces Profit Estimation to 5%

May 4, 2026 252 Views 0 comment Print

The case dealt with rejection of books due to unverifiable expenses and lack of supporting records. The ITAT upheld rejection but found 8% profit estimation excessive. It reduced the rate to 5%, emphasizing fairness in estimation.

Routine BPO Comparable Excluded for Functional Difference Reason; Different Year Comparable Considered on Quarterly Data Basis

May 4, 2026 156 Views 0 comment Print

The Tribunal held that a company engaged in high-end KPO and business solutions could not be compared with a routine captive BPO service provider. It also ruled that a comparable cannot be rejected solely for following a different financial year if reliable quarterly data is available.

ITAT Deletes Additions Due to Lack of Corroborative Evidence from Third-Party Documents

May 4, 2026 621 Views 0 comment Print

The case addressed whether entries in third-party seized documents can justify additions. The ITAT ruled they cannot without independent corroboration. It reinforces that suspicion alone cannot sustain tax additions.

Bogus Purchase Addition Remanded Due to Pending HC Decision on Similar Issue

May 3, 2026 618 Views 0 comment Print

The issue involved additions based on alleged bogus purchases without VAT payment. The Tribunal remanded the matter pending the High Court’s decision on similar cases. 

Section 194-IA TDS on Full Property Value Mandatory, Not Linked to Payment Timing: ITAT Bangalore

May 3, 2026 1125 Views 0 comment Print

The Tribunal upheld TDS liability where tax was deducted only on part of the property value. It ruled that TDS must be applied on the entire consideration for immovable property transactions.

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