ITAT condones 498-day delay & remands case for de novo assessment, ruling that a mere mistaken capital gains declaration by a previous representative doesn’t create tax liability. AO must verify if actual property transfer occurred, as documents show no sale.
This ruling invalidates an income tax addition that relied entirely on electronic data (an excel sheet) seized from a third party without the mandatory certificate under Section 65B of the Evidence Act. The ITAT stressed that in the absence of corroborative evidence, clear linking of the assessee to the data, and providing due process, the addition made was illegal and unsustainable in law.
Delhi ITAT allows Sanco Holding, a Norwegian company, to compute income from bareboat charter of seismic vessels under Article 21(4) of the India-Norway DTAA (7.5% presumptive tax on gross receipts), rejecting the Assessing Officer’s attempt to tax it under Section 44BB of the Income Tax Act.
The ITAT ruled that the Assessing Officer’s mechanical application of Rule 8D for Section 14A disallowance was invalid without recording proper satisfaction. The Tribunal directed that only net interest (interest paid less interest earned) and only those investments that yielded exempt income should be considered for re-computation, upholding the assessee’s legal objections.
Shringar Developers wins ITAT appeal. Tribunal rules that higher taxable interest than expense negates Section 14A disallowance. Interest on capital contribution to firm held for commercial expediency under Section 36(1)(iii).
ITAT Delhi ruled AO cannot use Section 154 to disallow ESI/PF deduction based on the later Supreme Court Checkmate judgment, as the issue was previously debatable.
Drawing on precedents, the ITAT held that a mandatory Section 153D approval for search assessments must be proven. The assessment order was set aside because the Department could not locate or produce the JCIT’s prior approval and satisfaction note after eight years.
The ITAT Delhi heard an appeal from Kamal Kant, whose set-off of non-speculative business losses from Futures & Options (F&O) against Capital Gains income was disallowed by the tax authorities. Citing Section 71(2) of the Income-tax Act and judicial precedent, the ITAT found the set-off permissible.
The Kolkata ITAT allowed Winner Tradecom Pvt. Limited’s appeal, deleting a ₹15 lakh addition made under Section 68 for an alleged credit from a shell company.
Find out how ITAT Mumbai granted relief to Surat Road King, allowing depreciation on business assets (trucks) even when registered in partners names. Decision underscores principle of economic ownership over mere legal title and rejects ad-hoc disallowances made without concrete evidence.
