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Faceless Assessment Prevails: JAO’s Reassessment Notice Invalid, Revival If SC amends Law

December 11, 2025 1137 Views 0 comment Print

Tribunal held that a notice issued by JAO under Section 148 is invalid, emphasizing that only FAO-issued notices comply with faceless reassessment rules. Revenue may seek revival if Supreme Court changes legal position.

Section 54F Exemption Denied for Owning Multiple Houses with Separate Kitchens: ITAT Delhi

December 11, 2025 2139 Views 0 comment Print

Tribunal ruled Section 54F exemption is not available when the assessee owns multiple independent residential units, each with a separate kitchen. Deduction on the JDA property was disallowed.

WhatsApp Chats Alone Cannot Trigger Section 69A Additions: ITAT Kolkata

December 11, 2025 4368 Views 0 comment Print

ITAT Kolkata ruled that WhatsApp chats without corroboration cannot be treated as unexplained income under Section 69A. All additions based solely on chats were deleted, emphasizing the need for tangible evidence.

Same-Day 153D Approval Invalidates Section 153A Assessments

December 10, 2025 987 Views 0 comment Print

ITAT held that mass same-day approval without reviewing records violated Section 153D. The ruling confirms that mechanical approvals invalidate 153A assessments.

AO Mistake on ROI Leads to Section 54F Reassessment Remand

December 10, 2025 267 Views 0 comment Print

ITAT ruled that reopening assessment under Section 147 is invalid if the filed return is ignored. The case was remitted for fresh consideration after allowing the assessee to substantiate claims under Section 54F.

Penny-Stock Reassessments Upheld, But Ex-Parte Orders Set Aside

December 10, 2025 309 Views 0 comment Print

The Tribunal held that reopening under Section 147 was legally sound and unaffected by arguments based on 153C or Notification 18/2022. Still, it directed a full rehearing because the appellate authority issued non-speaking orders without examining the merits.

Sale Proceeds Cannot Be Taxed as Income Without Capital Gains Computation

December 10, 2025 858 Views 0 comment Print

ITAT Hyderabad rules that gross sale proceeds of capital assets cannot be treated as taxable income without allowing cost of acquisition. Tribunal orders reassessment to compute correct capital gains, despite assessee’s non-compliance.

Tribunal Remands Case to Examine Medical Hardship Despite 5-Year Delay

December 10, 2025 363 Views 0 comment Print

ITAT held that an appeal delayed by almost six years must not be dismissed outright without examining genuine hardships. Medical evidence of the assessee’s child justified potential condonation of delay. The case highlights the balance between limitation and natural justice.

Wrong Email, Wrongful Ex-Parte Order: ITAT Sends 12A Appeal Back to CIT(A)

December 10, 2025 336 Views 0 comment Print

ITAT held that sending hearing notices to a wrong email ID violated natural justice. The ex-parte order was set aside, and the matter remitted for fresh adjudication.

Manual Section 148 Notices Violate CBDT Escaping Assessment Scheme

December 10, 2025 642 Views 0 comment Print

The ITAT held that reassessment notices must be issued through NFAC under the 2022 Faceless Scheme. A JAO-issued notice violates the mandatory procedure and stands invalid.

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