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Survey Disclosure Treated as Business Income – No Scope for Section 68 Addition

December 9, 2025 570 Views 0 comment Print

ITAT Kolkata ruled that cash advances discovered during a survey must be assessed as business income, not unexplained cash credit under Section 68, making the exercise tax-neutral.

Documentary Trail Wins- Suspicion Cannot Replace Evidence: Penny-Stock Addition Deleted

December 9, 2025 1782 Views 0 comment Print

ITAT Mumbai ruled that detailed records, including Demat statements and contract notes, proved the genuineness of penny-stock transactions, nullifying additions under Sections 68 and 69C.

Technical Glitch Not Fatal – ITAT Allows 115BAA Despite Late Form 10-IC

December 9, 2025 540 Views 0 comment Print

ITAT Surat allowed a company to avail concessional tax rates under Section 115BAA despite a minor delay in filing Form 10-IC due to portal issues, emphasizing a practical approach.

JAO-Issued Section 148 Notice Invalid: ITAT Chennai Quashes Reassessment

December 9, 2025 660 Views 0 comment Print

Chennai ITAT ruled that a 148 notice issued by JAO post-CBDT faceless scheme notification is invalid, quashing reassessment and penalty. The tribunal confirmed that only notices issued by the Faceless Assessment Unit are legally valid.

Section 148 Notice By JAO Post-Faceless Scheme Vitiates Reassessment

December 9, 2025 972 Views 0 comment Print

ITAT Chennai annulled the Section 148-based reassessment for AY 2018-19 because the notice contravened the e-assessment scheme under Sec.151A. The ruling reinforces mandatory compliance with faceless notice issuance.

Section 148 Assessment Set Aside Over Jurisdiction & DIN Defects

December 9, 2025 1092 Views 0 comment Print

ITAT Pune held that the CIT(A) failed to adjudicate key legal grounds, including wrong AO jurisdiction and missing Document Identification Number. Entire order under Section 144 r.w.s. 263 was set aside for reconsideration with proper hearing.

JAO-Issued 148 Notice After 29.03.2022 Held Invalid: Entire Reassessment Quashed- Chennai ITAT

December 9, 2025 846 Views 0 comment Print

The ITAT ruled that a Section 148 notice issued by a Jurisdictional AO after 29.03.2022 is invalid because, under the Faceless Reassessment Scheme, only the Faceless Assessing Officer can issue such notices. The entire reassessment was therefore quashed as without jurisdiction.

Addition u/s. 68 towards cash deposit during demonetization unwarranted as genuineness of cash sales proved

December 9, 2025 534 Views 0 comment Print

ITAT Jaipur held that addition towards unexplained cash deposit during demonetization under section 68 without rejection of books of accounts is unwarranted. Further, addition is also not warranted as genuineness of cash sale duly proved.

ITAT Deletes Additions for Alleged Bogus Purchases & Unproved Unsecured Loans

December 9, 2025 828 Views 0 comment Print

The ITAT held that the alleged bogus purchases could not stand when the assessee produced complete documentary evidence showing genuine procurement and consumption. With no contrary evidence from the AO, the 69C addition was removed.

HUF Gift to Member: Why It Should Be Treated as Exempt Under Section 10(2)?

December 9, 2025 1767 Views 0 comment Print

ITAT Kolkata held that addition under section 56(2) towards receipt of gift from HUF to be re-considered for exemption under section 10(2) of the Income Tax Act. Accordingly, matter restored back to AO with specific direction.

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