ITAT Mumbai held that addition for providing accommodation entries of bogus LTCG under section 68 of the Income Tax Act is rightly deleted by CIT(A) since assessee has duly discharged the primary onus. Accordingly, appeal of revenue dismissed.
ITAT Hyderabad held that reopening of assessment is invalid in as much as the approval/ sanction under section 151 of the Income Tax Act is granted in a mechanical manner. Further, reasons for reopening are based on on-application of mind and borrowed satisfaction. Accordingly, reopening quashed and appeal allowed.
ITAT Mumbai held that levy of penalty under section 270A of the Income Tax Act cannot be sustained since specific limb of Section 270A(9) leading to under-reporting of income or mis-reporting of income is not specified. Accordingly, appeal of assessee is allowed.
ITAT Delhi held that assessments under Section 153C were invalid where AO recorded a vague, consolidated satisfaction note without linking seized material to specific assessment years.
ITAT Surat allowed Goverdhan Nathji Pare Bethakji Seva Trust’s appeal, setting aside CIT(E)’s ex parte rejection of its trust registration application. Tribunal condoned a 24-day delay and restored matter to CIT(E) for a fresh order after granting a reasonable opportunity of hearing to assessee.
ITAT ruled that 5% tolerance for difference in stamp duty value and sale consideration applies retrospectively. This allowed assessee’s appeal against an addition under Section 56(2)(x).
ITAT Ahmedabad ruled that once sales have been recorded and taxed, they cannot again be treated as unexplained income under Section 69A, deleting addition made on alleged accommodation entries.
Tribunal restored issue of validity of reassessment under Section 148 for AY 2015-16 to CIT(A) for fresh adjudication, noting that assessee raised legal ground for first time before ITAT.
The ITAT Delhi allowed the appeal of Sunita Salhotra, quashing the Section 148 notice for AY 2015-16 as barred by the statutory limitation period that expired on March 31, 2022. The Tribunal relied on the Revenue’s concession in the Supreme Court’s Rajiv Bansal case regarding notices issued for this AY on or after April 1, 2021.
ITAT Bangalore ruled that a co-operative society can claim deduction under Section 57 for costs incurred in earning interest income from banks. Matter was sent back to AO for verification of claim.
