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Reassessment Quashed for Invalid Sanction Under Section 151(ii)

January 1, 2026 969 Views 0 comment Print

The Tribunal held that reassessment initiated after three years was void because approval was taken from an incompetent authority. The key takeaway is strict compliance with section 151(ii) is mandatory and jurisdictional.

Advance for Flat or Accommodation Loan? ITAT Remands Section 68 Addition

December 31, 2025 534 Views 0 comment Print

The Tribunal held that it was unclear whether the ₹20 lakh receipt was a loan or a property advance and remanded the matter for fresh examination. The ruling underscores that section 68 additions depend on establishing the true character of the receipt through contemporaneous evidence.

Addition Deleted Because Suspicion Cannot Substitute Proof in Penny-Stock Cases: ITAT Mumbai

December 31, 2025 618 Views 0 comment Print

The ITAT ruled that long-term capital gains cannot be treated as bogus solely on suspicion when transactions are supported by proper banking, demat, and broker records.

Cash Deposit Deletion Without Source Check Fails, Matter Remanded

December 31, 2025 489 Views 0 comment Print

The assessee neither filed returns nor responded to statutory notices, yet additions were deleted on appeal. ITAT held that absence of verification of source and compliance makes such deletion unsustainable.

Clerical Error in Accounts Triggers Fresh Probe of Cash Deposit

December 31, 2025 447 Views 0 comment Print

The assessment proceeded on a fundamentally incorrect factual premise regarding the date of deposit. ITAT ruled that such an error warrants remand for fresh examination of cash source and sales genuineness.

Payer’s Expense Accepted, Payee Can’t Be Taxed Under Section 68

December 31, 2025 570 Views 0 comment Print

The reassessment was triggered without examining invoices, bank entries, TDS data, or business records. The Tribunal held that mechanical reopening based on external information is bad in law.

Reassessment Quashed for Relying on Wrong Person’s Transactions

December 31, 2025 675 Views 0 comment Print

The Tribunal examined whether reassessment could stand when based on information relating to another individual. It held that reopening was invalid due to absence of any tangible material against the assessee.

Deductor Failed to Deposit TDS: Assessee Still Entitled to Credit

December 31, 2025 633 Views 0 comment Print

The dispute concerned denial of TDS credit solely due to non-reflection in Form 26AS. The Tribunal held that Form 26AS is not conclusive and factual deduction of tax overrides system mismatch.

Section 89(1) Relief Can’t Be Denied for Return-Filing Technical Lapse

December 31, 2025 621 Views 0 comment Print

Despite Form 10E being duly filed online, the claim under section 89(1) was rejected on technical grounds. The Tribunal held that such rigidity defeats justice and directed the AO to examine the claim afresh.

₹4 Cr Allegation Fails as Wrong Search Year Invalidates 153C Notice

December 31, 2025 288 Views 0 comment Print

The Revenue relied on alleged ₹4 crore unexplained investment to justify reopening beyond six years. The Tribunal ruled that even high-value allegations cannot override statutory limitation under section 153C.

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