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No addition based on Unsigned Draft Agreement Found on Third Party’s Hard Disk Without Corroboration

December 25, 2025 771 Views 0 comment Print

The Tribunal ruled that an unsigned and undated draft agreement seized from a third party cannot justify an addition for unexplained investment without corroborative evidence.

Section 115BBE Not Applicable to Business Receipts; Only Profit on Cash Deposits Taxable

December 25, 2025 738 Views 0 comment Print

The Tribunal held that cash deposits representing trading receipts cannot be taxed in full as unexplained income. Only the estimated profit portion was directed to be assessed.

Excess Stock from Survey Taxable as Business Income, Section 115BBE Inapplicable

December 25, 2025 1107 Views 0 comment Print

The Tribunal held that excess stock found during survey, when arising from regular business activity and disclosed in accounts, cannot be taxed as unexplained investment under Section 69B.

Closing Stock Revalued Without Adjusting Opening Stock Held Unsustainable

December 25, 2025 630 Views 0 comment Print

The Tribunal held that when closing stock is revalued under Section 145A to include tax components, opening stock must also be revalued on the same basis. The case was remanded to ensure consistent valuation and accurate profit computation.

Reassessment Quashed Because Notice Was Issued Beyond Limitation Period

December 25, 2025 651 Views 0 comment Print

The Tribunal held that a notice issued after three years was time-barred under section 149. Since the ₹50 lakh exception did not apply, the reassessment was invalid.

Notice Under Section 148 Invalid When Tax Issue Is Concluded in Earlier Years: ITAT Delhi

December 25, 2025 489 Views 0 comment Print

The Tribunal held that reopening an assessment on a recurring issue already decided in favour of the taxpayer by the High Court is invalid. Pending appeal before the Supreme Court cannot justify reassessment.

Section 54 Deduction Allowed Despite Non-Deposit in CGAS

December 25, 2025 1365 Views 0 comment Print

The Tribunal ruled that failure to deposit capital gains in CGAS does not bar Section 54 relief when the assessee invests in a new house within the prescribed period. The key takeaway is that substantive compliance overrides procedural lapses.

Ownership, transfer and business or capital gain needs reverification in joint development agreement

December 24, 2025 330 Views 0 comment Print

ITAT Kolkata held that ownership, transfer, and transaction resulting into profit from business or profession and capital gain in respect of joint development agreement needs more verification. Accordingly, matter remanded back for fresh adjudication.

Section 220(2) Interest Invalid Without Section 156 Demand Notice: ITAT Mumbai

December 24, 2025 1212 Views 0 comment Print

The Tribunal ruled that section 220(2) interest cannot be charged where the original demand notice showed nil demand, holding that interest arises only after a valid section 156 notice.

Fresh Documents at Appeal Stage Led to Remand Under Rule 46A

December 24, 2025 951 Views 0 comment Print

The Tribunal ruled that the appellate authority erred by admitting new documents without a Rule 46A application or giving the Assessing Officer a chance to rebut them.

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