An assessment reopened to tax alleged bogus Long Term Capital Gain (LTCG) was declared void ab initio by the ITAT, strictly applying Section 151. The Tribunal held that statutory sanction cannot be bypassed or taken from a non-competent authority, even following the Ashish Agarwal directions, making the entire reassessment jurisdictionally flawed.
This ruling underscores the mandatory requirement for incriminating material to sustain additions in a Section 153C search assessment, leading to the deletion of a major bogus Long-Term Capital Gains (LTCG) addition. Furthermore, the ITAT confirmed that a partnership firm’s investment and income cannot be attributed to an individual partner, securing significant tax relief.
The ITAT upheld the deletion of a major protective tax addition against a firm, ruling it would result in double taxation. Evidence proved the corresponding income, found on seized loose papers, was personal to a partner and had already been declared and taxed in the partner’s individual return.
The ITAT ruled that seized parallel Tally data, reflecting higher sales and income, constitutes reliable incriminating material, validating assessments made under Section 153A. The tribunal sustained additions for higher gross profit and unexplained credits after the taxpayer failed to disprove the parallel records’ accuracy, reinforcing the presumption under Section 292C.
The ITAT ruled that CSR expenditure, though disallowed as a business expense, qualifies for deduction under Section 80G if paid to approved entities. The Tribunal directed the AO to verify the donations and allow the 80G claim, rejecting the argument that a mandatory statutory expense cannot be a donation.
ITAT Upholds Taxpayer Rights, Limits Section 148 Reassessments on Net Income: ITAT confirmed that income tax reassessments must be based on net taxable income, not gross sale proceeds. Notices issued beyond the three-year window without exceeding ₹50 lakh threshold are invalid.
The Mumbai ITAT restricted the disallowance for purchases from hawala parties to 25% of the bogus purchase amount, affirming the material was genuinely received and sold, despite fictitious invoices. The ruling relies on the Gujarat High Court’s precedent in Vijay Proteins.
ITAT confirmed that a company can validly exercise the concessional tax regime under Section 115BAA through a revised return filed within the due date. Regular business losses and unabsorbed depreciation remain eligible for set-off.
Mumbai ITAT ruled in favor of Dosti Realty Limited, deleting a ₹2.06 Crore expense disallowance made under Section 154. The Tribunal held that the AO’s contradictory finding of “under assessment” invalidates rectification jurisdiction, and the expense, based on actual estimation, was not a contingent liability.
The ITAT Agra set aside the NFAC’s order confirming a Rs. 22,01,000/− cash deposit addition, citing the NFAC’s failure to follow earlier verification directions and admitting new legal grounds under the NTPC principle.
