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Technical Delay Cannot Justify Refusal of Section 80G Approval: ITAT Orders Fresh Review  

December 2, 2025 690 Views 0 comment Print

The Tribunal held that rejecting an application solely for delayed filing was improper and directed a denovo review under Section 80G. The is that delayed applications may still be examined on merits.

Section 147 Bogus Purchase Addition Deleted; Tribunal Upholds GST Records

December 2, 2025 447 Views 0 comment Print

Tribunal held that a reassessment cannot be triggered solely on another person’s search statement. With no evidence against the assessee, the 147 proceedings and bogus-purchase addition were struck down.

Income Tax Tribunal Resets Ex-Parte Dismissal, Ensures Fair Hearing

December 2, 2025 243 Views 0 comment Print

NFAC’s ex-parte dismissal of large 54F claim overturned due to procedural lapses and miscommunication. Assessee granted fresh opportunity to substantiate ₹3.10 Cr exemption claim.

Addition Deleted as Cash Deposits Linked to Earlier Withdrawals

December 2, 2025 774 Views 0 comment Print

The Tribunal held that cash deposits were fully explained through matching earlier withdrawals. The addition of ₹15 lakh was removed as the source of funds was satisfactorily proven.

Fresh Hearing Granted After Ex-Parte NFAC Order Ignored Filed Documents

December 2, 2025 258 Views 0 comment Print

ITAT allows fresh hearing as assessee’s appeal was dismissed because notices were emailed despite opting for postal delivery. Emphasizes importance of respecting communication preferences in tax proceedings.

No Books, No Section 68: ITAT Deletes Entire Cash-Deposit Additions

December 2, 2025 810 Views 0 comment Print

The Tribunal ruled that Section 68 additions cannot apply when a company maintains no books of account, deleting ₹51 lakh and ₹1.25 crore additions. Confirms that technical defaults cannot override proper accounting requirements.

Reopening Dies Twice: ITAT Hyderabad Quashes 148 Notice for Limitation Wrong Approval

December 1, 2025 1488 Views 0 comment Print

The Tribunal held that the reassessment was issued 45 days beyond the maximum permissible period under Rajeev Bansal (SC), making the 148 notice invalid. Applying the deemed-notice framework of Ashish Agarwal, it ruled that the AO had “zero surviving days” to act. The reassessment was quashed for being issued after the statutory outer limit.

Assessment Quashed for Being Passed Without Awaiting DVO Report—Violation of Section 50C(2)

December 1, 2025 1578 Views 0 comment Print

The Tribunal invalidated an assessment passed without awaiting the Departmental Valuation Officer report, holding that provisional assessments violate section 50C(2) and 143(3). The rectification under section 154 based on later material was also impermissible.

ITAT Rajkot: Wrong Sanction & Late 148 Notice Void Reassessment

December 1, 2025 738 Views 0 comment Print

Reassessment notice issued beyond statutory time limit under Section 148 was invalid; Tribunal quashed proceedings for A.Y. 2013-14, emphasizing procedural compliance.

Section 263 Upheld as AO Failed to Verify TDS Rates & Delayed PF/ESI Payments

December 1, 2025 420 Views 0 comment Print

The Tribunal held that the original assessment was not erroneous or prejudicial except for TDS verification and PF/ESI disallowance. The assessee’s claim under Section 10AA was rejected. Compliance with statutory deductions is critical for valid assessments.

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