The Jodhpur ITAT set aside a ₹ 8.13 lakh expense disallowance against Sarvodaya Mining Services. The Tribunal ruled additions cannot be made unless the assessee’s books of account are first rejected under Section 145.
Tribunal found that the Assessing Officer made additions without examining whether the trust followed a cash or accrual accounting system. The matter was remanded for de novo verification to ensure fair assessment under Section 10(23C)(iiiad).
ITAT Deletes ₹19.04 Lakh Addition: Agent’s Cash Deposits Were Company Collections The ITAT ruled that cash deposits of ₹19.04 lakh made by commission agent Shyam Singh Hetta were reconciled collections for his principal, DTM Pvt. Ltd., and deleted the unexplained money addition under Section 69A.
ITAT Ranchi directed the AO to readjudicate the tax liability for a ₹23.5 lakh cash deposit after the assessee claimed the bank wrongly attached his PAN to a company’s account. The AO must verify if the company disclosed the account and had adequate cash for the deposit.
Pune ITAT dismissed a firm’s appeal, confirming the PCIT’s order to tax Rs 19.44 lakh in unexplained cash and stock found in a survey under the stringent Section 115BBE.
The Tribunal ruled that the lease rentals received by Irish residents were exempt from tax in India under Article 8 of the treaty, following precedent on operating leases. The ruling affirms that the DTAA explicitly covers the rental of aircraft (including helicopters) in international traffic.
The Tribunal held that the adjustment made by the CPC disallowing the co-operative society’s Section 80P claim was bad in law for pre-A.Y. 2021-22 years. The ruling confirms that for earlier years, the AO could not summarily deny this deduction through an intimation order.
ITAT Pune ruled that the CPC erred in restricting TDS credit for a cooperative society based on a turnover mismatch in Form 26AS. The difference was due to the same sale being subjected to double TDS under both Section 194-O and Section 194-Q, wrongly inflating the receipts and TDS entries.
The Pune ITAT allowed the assessee’s appeal, confirming that the alleged unexplained investment transaction occurred in the earlier financial year. The ruling emphasizes the Assessing Officer’s duty to verify the correct assessment year before invoking Section 69, as liability must attach to the right period.
ITAT Rajkot deletes a ₹70,000 penalty under Section 271(1)(b) because the notices and order were issued to a deceased individual. The Tribunal held that proceedings initiated against a dead person are void ab initio, emphasizing that legal heirs must be brought on record first.
