Charitable Trust Registration Rejected on Technicality? ITAT Agra rules CIT(E) must allow rectification for wrong clause application (12A) and restore for fresh merit-based review and hearing.
Tribunal held that goodwill arising from court-approved amalgamation is a depreciable intangible asset. AO & CIT(A)’s disallowance based on colourable device allegation was quashed.
Tribunal held that write-off of ₹9.56 crore foreign investment in USA subsidiary was incurred for commercial expediency and business expansion, qualifying as business loss under the Income Tax Act.
Relying on Supreme Court judgments, including Andaman Timber Industries, the ITAT dismissed the Revenue’s appeal, emphasizing that the right to cross-examination is mandatory for any addition based on a third-party statement. Failure to grant this right nullifies the assessment order.
The ITAT Ahmedabad dismissed the Revenue’s appeal, ruling that cash deposits of Rs.9.37 crore made by Arvindbhai Jewellers during demonetisation were not unexplained cash credits under Section 68. The Tribunal held that the Assessing Officer’s rejection of books under Section 145(3) was invalid, as there was no defect in the quantitative stock register, and suspicion alone cannot be a basis for addition.
The Tribunal held that income cannot be taxed merely on a survey statement when the builder consistently follows the Project Completion Method. Additions of ₹19.2 crore were deleted.
The Tribunal accepted documentary evidence, including a director’s affidavit and Company Law Board (CLB) orders, as credible proof of sufficient cause for the inordinate delay. The case was restored, ensuring the assessee gets an opportunity to contest the 68 and House Property income additions.
Holding the tolerance band as a remedial measure, the Tribunal applied it retrospectively to avoid hardship where stamp duty and actual sale values differ by less than 10%.
ITAT Hyderabad rules that once income is estimated by rejecting books, no further addition can be made; ₹31.55 lakh added in liquor business case deleted.
Saroj Devi Haldiya vs. ITO: The ITAT Jaipur overturned an Rs.75 lakh addition under S. 56(2)(ix) of the Income Tax Act. The Tribunal ruled the reassessment was invalid due to borrowed satisfaction by the Assessing Officer, mechanical approval, and a severe violation of natural justice (two-day notice).
