The ITAT deleted a Rs. 23.30 Lakh protective addition made in the firm’s hands under Section 68, as the corresponding cash deposit had already been offered to tax by the partners. The Tribunal ruled that once the real recipient (partners) has paid tax, the protective assessment on the firm becomes redundant and cannot lead to double taxation.
The Tribunal directed the AO to treat the sales tax subsidy as a capital receipt, finding its purpose was to promote industrialization in backward regions, not subsidize production. The ITAT also deleted the Section 14A disallowance, confirming the taxpayer had sufficient own funds.
ITAT Mumbai upholds CIT(A)’s decision to restrict lakh addition to 1% in a client code modification case, ruling the assessee acted solely as a broker, not a beneficiary.
ITAT Chennai restored a lakh addition made u/s 115BBC to a trust, granting one chance to furnish complete donor details (name, address, PAN, and mode of receipt).
ITAT Chandigarh deleted a lakh unexplained money addition and allowed S.54 deduction after the retired Colonel substantiated the property sale source with bank records.
ITAT Jabalpur deleted a lakh disallowance u/s 40(a)(ia) for non-TDS on interest, ruling the payee’s tax payment nullified the assessee’s technical default.
The issue was whether the AO could make an addition for unexplained share capital and premium without finding any defect in the extensive documentation filed by the taxpayer. The Tribunal emphasized that the AO must make an independent inquiry and bring contrary material; mere suspicion or non-appearance cannot override the legal requirement that the addition must be based on a failure to prove the creditor’s details.
The Tribunal held that an AO cannot treat a return filed in response to a Section 148 notice as non-est while using it as the base for computing the final income. Following High Court precedent, the ITAT confirmed that once the return is taken into account for assessment, the issue of Section 143(2) notice becomes a prerequisite, making the assessment void.
The ITAT deleted the addition of Rs. 73 lakh on the unrealized surrender value of Keyman Insurance Policies, ruling that notional or hypothetical income cannot be taxed. Since the matured policy value was already offered to tax, taxing the value of unmatured policies would amount to double taxation.
ITAT Mumbai orders AO to re-investigate crore unexplained cash deposits in egg trade. CIT(A)’s deletion was reversed due to failure to secure a remand report.
