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When Professional Negligence Meets Harsh Limitation – ITAT Steps In to Protect Assessee

December 10, 2025 468 Views 0 comment Print

The Tribunal held that the assessee cannot be penalised for mistakes of his CA and condoned a two-year delay. The matter was remanded for de novo assessment, reaffirming natural justice principles.

ITAT Orders Re-Examination of FTC Denial Due to Form 67 Mistake

December 10, 2025 438 Views 0 comment Print

A genuine FTC claim of ₹1.03 crore was partly disallowed due to a technical placement error in Form 67. The Tribunal restored the claim and sent it to the AO for verification and proper allowance.

Double Taxation Prevented: Tribunal Deletes Addition as Cash Sales Already Recorded

December 10, 2025 420 Views 0 comment Print

ITAT held that cash sales forming part of disclosed turnover cannot be taxed again as unexplained cash credits. The ruling confirms that Section 68 does not apply when books are intact and evidence supports the sales.

Consistent Withdrawal Pattern Valid Source – Section 69A & 115BBE Addition Deleted

December 10, 2025 354 Views 0 comment Print

Evidence demonstrated frequent withdrawals and redeposits across years, confirming the legitimacy of the cash held. The Tribunal ruled that the deposits were fully explained, warranting removal of the Section 69A/115BBE addition.

Commission-Based Business Proven: Tribunal Rejects Section 44AD and Upholds 5% Profit Rate

December 10, 2025 756 Views 0 comment Print

ITAT held that the assessee operated as a commission agent, not a trader, making Section 44AD inapplicable. A reasonable 5% estimation on cash deposits was upheld.

₹3.32 Cr 69A Addition Remanded as Legal Grounds Not Examined

December 10, 2025 393 Views 0 comment Print

The ITAT ruled that unresolved legal grounds—especially on reassessment validity—must first be decided by the CIT(A). The ₹3.32 crore Section 69A addition is remanded for proper adjudication.

ITAT Confirms Banks Exempt from MAT, Deletes ₹305.49 Cr Penalty

December 10, 2025 840 Views 0 comment Print

The ITAT upheld the deletion of a ₹305.49 crore penalty imposed on a bank, ruling that section 115JB (MAT) does not apply to banks under the Banking Regulation Act. The decision emphasizes that penalties linked to inapplicable provisions cannot be sustained.

ITAT Cuts Additions from Rs.13.91 Lakh to Rs.1.39 Lakh Using 10% Estimate

December 10, 2025 228 Views 0 comment Print

The Tribunal held that the AO found no fabricated or false documents for agricultural or tuition income. Since evidence existed but was incomplete, ITAT applied a 10% estimate and cut the addition drastically.

Section 271(1)(c) Penalty Deleted as Additions Based Only on Differing Interpretation

December 10, 2025 1206 Views 0 comment Print

Cane Deveopment Council Rohana Kalan Vs ITO (ITAT Delhi) The appeals concern penalties imposed under Section 271(1)(c) of the Income Tax Act for Assessment Years 2010–11 and 2011–12. Four appeals filed by two assessees were heard together due to similarity in facts, with one matter treated as the lead case. The assessee challenged the penalty […]

Tribunal Restores Section 12A Exemption Despite CPC’s Technical Objection

December 10, 2025 867 Views 0 comment Print

ITAT Ahmedabad rules that a charitable trust’s exemption under Sections 11 and 12 cannot be denied due to a technical mismatch in reporting new 12AB registration in the ITR. The substantive validity of the original 12A registration ensures continuity of exemption.

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