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Section 271E Penalty Fails When Entity No Longer Exists

December 31, 2025 567 Views 0 comment Print

ITAT Pune struck down a ₹34.28 lakh penalty issued after the company had merged, citing substantive illegality. Penalty orders must be issued in the name of a legally existing entity.

No Returns, No Evidence, Capital Spike Taxed as Unexplained

December 31, 2025 429 Views 0 comment Print

The assessee failed to file returns for two years preceding the capital increase. The Tribunal held that unexplained capital accretion must be taxed under section 68.

Section 44AD Overrides Ad-Hoc 50% Profit Estimation

December 31, 2025 1062 Views 0 comment Print

ITAT Surat struck down a 50% turnover-based income estimation, applying Section 44AD to compute actual presumptive profit at 8%. Key takeaway: AO cannot inflate income without legal basis.

Reopening Quashed for Mechanical Approval Under Section 151

December 31, 2025 696 Views 0 comment Print

The Tribunal held that a bare endorsement like fit case does not amount to valid sanction. Absence of independent application of mind invalidates the entire reassessment.

Section 263 Quashed as AO Took a Plausible View on 80P Deduction

December 31, 2025 402 Views 0 comment Print

The revision questioned deduction on interest income allowed under section 80P. The Tribunal held that where the AO adopts a legally plausible view after enquiry, section 263 cannot be invoked.

Demonetisation Cash Deposits Taxed at 8% on Estimated Basis

December 31, 2025 573 Views 0 comment Print

The Revenue treated entire cash deposits as unexplained under section 69A. The Tribunal held that in an unorganised business, deposits can be treated as turnover with estimated profits.

No Exempt Income, No Section 14A Disallowance Permissible

December 31, 2025 525 Views 0 comment Print

The dispute centered on unexplained investment taxed in an incorrect year. The Tribunal ruled that such an addition is legally unsustainable and must be deleted.

Belated Form 10 Filing Cannot Deny Section 11(2) Exemption

December 31, 2025 564 Views 0 comment Print

The exemption was rejected only due to delayed electronic filing of Form 10. The Tribunal ruled that procedural delay cannot override substantive compliance made before assessment completion.

Non-Payment Under IDS Makes U/s 271AAC Penalty Inevitable

December 31, 2025 570 Views 0 comment Print

The dispute concerned cancellation of IDS benefits due to non-payment. The Tribunal held that once IDS lapses, undisclosed income is taxable with mandatory penalty.

VSV-Based Dismissal Quashed Due to No Approval or Payment

December 31, 2025 375 Views 0 comment Print

The dispute centered on whether appeals could be dismissed merely on filing a VSV application. The Tribunal ruled that rejection or non-approval of VSV keeps appeals alive.

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