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Procedural Lapses Should Not Override Substantial Justice: ITAT condones Appeal filing delay

March 5, 2025 675 Views 0 comment Print

ITAT Mumbai condones a 314-day delay in Atlantic Bio Medical Pvt. Ltd.’s appeal, citing a bona fide mistake in tax filing and a right to a fair hearing.

Section 270A Penalty Doesn’t Require Mens Rea Presence: ITAT Bangalore

March 4, 2025 522 Views 0 comment Print

ITAT Bangalore held that that mens rea is not an essential condition for imposing penalties under civil acts. Penalty u/s. 270A of the Income Tax Act nowhere specifically refers necessity of presence of mens rea for levy of penalty. Accordingly, appeal of revenue allowed.

ITAT Delhi quashing Levy of penalty u/s 271(1) beyond period of limitation

March 4, 2025 14997 Views 0 comment Print

ITAT Delhi quashes penalty on Babu Ram u/s 271(1)(c) as barred by limitation. Penalty order dated April 1, 2022, violated extended timelines due to COVID-19.

Delay due to COVID-19 outbreak and pendency of rectification application genuine

March 4, 2025 327 Views 0 comment Print

ITAT Pune held that delay in filing of an appeal before CIT(A) needs to be condoned firstly by excluding COVID-19 pandemic outbreak period and further since rectification application was pending before CPC.

Addition u/s. 69 without any concrete evidence against assessee is not sustainable

March 4, 2025 300 Views 0 comment Print

ITAT Mumbai held that addition under section 69 towards unexplained cash made by the AO without bringing any concrete evidence on record incriminating the assessee is not sustainable. Accordingly, addition u/s. 69 deleted.

Rejection of Section 80IAC Claim Unjustified for mere Form 10CCB Delay

March 3, 2025 597 Views 0 comment Print

ITAT Pune held that delay in filing audit report in Form 10CCB due to technical problem is justifiable and hence denial of claim under section 80IAC of the Income Tax Act not justified. Accordingly, order set aside to AO to consider audit report.

Sundry Debtors Not Unexplained Money Under Section 69A: ITAT Jaipur

March 3, 2025 1080 Views 0 comment Print

ITAT Jaipur held that amount of sundry debtor recorded in books of account are not any money, bullion, jewellery or other valuable article and hence doesn’t qualify as unexplained money under section 69A of the Income Tax Act.

Reassessment not valid if no application of mind by AO: ITAT Pune

March 2, 2025 765 Views 0 comment Print

Aadhunik Infrastructure Development Pvt. Ltd. Vs DCIT (ITAT Pune) The Income Tax Appellate Tribunal (ITAT), Pune Bench “A,” has ruled in favor of Aadhunik Infrastructure Development Pvt. Ltd. (formerly Gauri Plasticulture Pvt. Ltd.), setting aside the reassessment proceedings initiated under Section 147 of the Income Tax Act, 1961, for the Assessment Year 2012-13. The appeal […]

Applicability of Sections 41(1) & 68 on Lease and Booking Advances as Ceased Liabilities – ITAT Ruling

March 2, 2025 378 Views 0 comment Print

ITAT Nagpur rules in ITO Vs N. Kumar Housing, addressing ₹5.2 crore addition under Sections 41(1) and 68. Liability cessation and unexplained cash credits analyzed.

No penalty under Section 271(1)(c) if income declared during search & seizure

March 2, 2025 765 Views 0 comment Print

ITAT Pune rules in Ramchandra Jadhavrao vs. ACIT that no penalty under Section 271(1)(c) applies if income is declared in return post-survey.

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