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Single blanket approval under Section 153D for multiple years is invalid: ITAT Delhi

November 13, 2025 4995 Views 0 comment Print

 The ITAT held that approvals granted under Section 153D without genuine application of mind are invalid, quashing multiple assessment orders. Key takeaway: mechanical or blanket approvals violate procedural requirements and render assessments null.

No Penalty for Genuine Oversight in Foreign Asset Disclosure: ITAT Chandigarh

November 13, 2025 1788 Views 0 comment Print

The Tribunal ruled that penalties under Section 43 of BMA cannot be imposed for bona fide reporting mistakes when investments were from legitimate, disclosed funds.

Assessment u/s 153A passed with prior approval u/s 153D cannot be revised

November 13, 2025 8907 Views 0 comment Print

The Tribunal ruled that once an assessment under Section 153A is approved under Section 153D, it cannot be revised under Section 263. This reinforces limits on PCIT’s revisional powers.

Reassessment Set Aside as Notice Issued by Jurisdictional Officer, Not Faceless Unit

November 13, 2025 1470 Views 0 comment Print

The Tribunal held that reassessment under Section 148 was invalid as the notice was issued by the Jurisdictional Officer instead of the Faceless Assessing Officer, affirming the CIT(A)’s order.

Deeming fiction of section 50 cannot change long term assets to short term capital assets

November 13, 2025 690 Views 0 comment Print

ITAT Mumbai held that section 50 does not convert a long-term capital asset to a short-term capital asset, then the rate of tax is applicable for the transfer of a long-term capital asset has to be in accordance with section 112. The deeming fiction of section 50 cannot be imported under section 112.

Section Registration 12AB Cannot Be Cancelled for Past Alleged Misdeeds: ITAT Delhi

November 13, 2025 1389 Views 0 comment Print

ITAT ruled that the CIT (Exemption) had no power to cancel registration under Section 12AB(4) for violations that occurred before April 2022, rendering the action void.

No 65B Certificate, No Case: Bombay HC Quashes Cash Addition Based on Mobile Notes

November 13, 2025 1020 Views 0 comment Print

ITAT allowed the appeal where tax authority relied on uncertified electronic records to add ₹24,50,000 as unexplained cash expenditure. Ruling underscores necessity of Section 65B certification for admissibility of electronic evidence.

Income Tax Addition Quashed for Non-Consideration of Submitted Proofs

November 13, 2025 549 Views 0 comment Print

ITAT ruled that additions based on property purchase were invalid as the lower authorities ignored documented sources of funds, confirming that the assessee had discharged the burden under Section 68.

Exempt Salary Under DTAA Does Not Trigger Black Money Act: ITAT Chennai

November 13, 2025 1266 Views 0 comment Print

ITAT ruled that invoking the Black Money Act for AY 2022–23 on income earned in FY 2015–16 was without jurisdiction, rendering the entire assessment invalid.

Return Filing Not Mandatory for Section 10(23BBA) Exemption: ITAT Bangalore

November 13, 2025 654 Views 0 comment Print

The Tribunal held that religious institutions can claim exemption under Section 10(23BBA) even without filing a return, citing CBDT Circular No. 4/2002. Case remanded for factual verification.

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