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Society-Funded Property in Personal Name Triggers Gift Tax

December 30, 2025 420 Views 0 comment Print

The tribunal held that land registered in an individual’s name but fully paid by a society amounts to receipt of property without consideration. Such benefit is taxable as income under section 56(2)(vii).

Salary and Commission Disallowance Deleted After Profit Estimate

December 30, 2025 492 Views 0 comment Print

The tribunal ruled that rejecting books and estimating profits bars further item-wise disallowances. Authorities cannot “blow hot and cold” by disallowing expenses from the same rejected records.

294-Day Appeal Delay Excused Due to Wrong Mode of Service

December 30, 2025 408 Views 0 comment Print

The tribunal held that sending notices through email despite the assessee expressly opting for physical service constituted sufficient cause for delay. Procedural lapses by tax authorities cannot deprive an assessee of the right to be heard.

Digital Illiteracy Held Valid Ground to Condon Appeal Delay

December 30, 2025 462 Views 0 comment Print

The tribunal ruled that lack of digital literacy and non-receipt of electronic orders constitute sufficient cause for delay in filing an appeal. A liberal approach was adopted to ensure substantial justice, and the appeal was restored for decision on merits.

Section 148A and 148 Notices Quashed for Breach of Mandatory Faceless Procedure

December 30, 2025 831 Views 0 comment Print

he tribunal held that reassessment notices issued by the jurisdictional assessing officer instead of the faceless authority violate the mandatory faceless assessment framework. Such jurisdictional defects render the entire reassessment proceedings void ab initio.

Section 68 Addition Sent Back as Assessee Claimed Insufficient Opportunity Before CIT(A)

December 30, 2025 234 Views 0 comment Print

Pune ITAT restored the matter to the CIT(A) after the assessee argued that adequate opportunity was not provided to explain the source of funds received. The Tribunal directed fresh adjudication with proper hearing and liberty to file supporting evidence.

Notional Addition on Alleged Understatement of Sales — Held Without Authority of Law

December 29, 2025 519 Views 0 comment Print

The Tribunal held that the tax department cannot substitute actual sale consideration with a notional market price without express legal provision, and deleted the entire addition.

Old Cash Withdrawal Claim Rejected for Demonetisation Deposits

December 29, 2025 591 Views 0 comment Print

The Tribunal upheld addition of demonetisation cash deposits after rejecting the claim that funds came from old cash withdrawals. Mere assertion of past withdrawals, without evidence of cash retention, was held insufficient.

Mechanical Appellate Order Quashed for Ignoring Rule 46A

December 29, 2025 534 Views 0 comment Print

The Tribunal found the appellate order mechanical where Rule 46A evidence was filed but not examined. The matter was sent back for fresh adjudication after proper verification.

Interim Compensation Not Taxable Until Final Court Settlement

December 29, 2025 585 Views 0 comment Print

The Tribunal held that compensation received under interim court orders is contingent and does not accrue as income. Taxability arises only in the year when litigation is finally settled and the amount crystallises.

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