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Section 69A Reassessment Invalid Without Proper Hearing

December 24, 2025 606 Views 0 comment Print

The issue was whether reassessment and appellate orders could stand when participation was ineffective and grounds remained undecided. The Tribunal ruled that justice required restoration of the case to the Assessing Officer.

Documented FDI Through Banking Channels Escapes Section 69

December 24, 2025 393 Views 0 comment Print

The dispute involved taxing a foreign investment as unexplained income. The Tribunal clarified that Section 69 applies only where investments are not recorded in books or the source remains unexplained.

Section 263 Quashed Because It Was Used Only for Review of a Completed Assessment

December 23, 2025 756 Views 0 comment Print

The ITAT held that revision is invalid when invoked merely to re-examine an issue already scrutinised by the Assessing Officer.

Wrong Authority Approval Voids Reassessment Beyond 3 Years

December 23, 2025 771 Views 0 comment Print

The Tribunal held that approval by an incompetent authority under Section 151(ii) invalidates a reassessment issued after three years. The notice and consequential order were declared void for lack of jurisdiction.

Belated Filing Alone Doesn’t Nullify 80P Deduction at CPC Stage: ITAT Lucknow

December 23, 2025 849 Views 0 comment Print

ITAT ruled that deductions under section 80P cannot be disallowed at the CPC stage for returns filed after the due date prior to Finance Act 2021. The matter was remanded for proper verification by the AO.

Fair Hearing Mandatory for Section 251 Income Enhancement: ITAT Amritsar

December 23, 2025 318 Views 0 comment Print

ITAT ruled that enhancement of income under section 251 without giving the assessee a proper hearing is invalid. The appeals were remanded to CIT(A) for fresh adjudication.

Agreement Date Matters, Not Registration Date – Section 50C Proviso Retrospective

December 23, 2025 1062 Views 0 comment Print

ITAT held that Section 50C proviso is retrospective, allowing stamp duty value as on the agreement date where consideration was fixed earlier, significantly reducing LTCG exposure.

Charitable Objects Warrant One More Chance for Registration: ITAT Amritsar

December 23, 2025 345 Views 0 comment Print

The tribunal held that mere absence of substantial activities since inception is not conclusive where charitable objects are genuine. A fresh opportunity must be granted to substantiate activities with evidence.

Reopening Beyond 3 Years Below ₹50 Lakh Quashed

December 23, 2025 642 Views 0 comment Print

The tribunal held that reassessment beyond three years is invalid when alleged escaped income is below Rs. 50 lakh. Notices issued contrary to section 149 after the 2021 amendments were quashed for lack of jurisdiction.

Set-Off of Losses Allowed on Survey-Declared Business Income

December 23, 2025 465 Views 0 comment Print

The tribunal held that invoking Section 115BBE on survey-related excess stock was legally unsustainable for AY 2015-16. The addition was therefore liable to be taxed at normal rates.

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