The ITAT Mumbai deleted an addition of ₹46 lakh in the Rekha Rajesh Jogani case, ruling that the Income Tax Department cannot rely solely on general ‘penny stock’ investigation reports to deny Long Term Capital Gains (LTCG).
Issuance of a valid notice under section 143(2) was mandatory and non-issuance or belated issuance vitiated the assessment. Accordingly, Tribunal quashed the reassessment order passed under section 147 r.w.s. 144B as being void ab initio.
Reassessment order passed under Section 147/143(3) was quashed on the ground that no notice under Section 143(2) was issued after the assessee filed the return in response to notice under Section 148, rendering the assessment void ab initio.
The Income Tax Appellate Tribunal (ITAT), Mumbai, has allowed Shree Sai Constructions’ appeal, setting aside a Rs.6.04 Cr capital gains addition.
The ITAT Mumbai, in Mohan Thakurdas Gurnani Vs ITO, deleted penalties levied under Section 271(1)(c) of the Income-tax Act, 1961, for notional income from house property, holding that penalty requires actual concealment, not notional additions.
Tribunal ruled that AO cannot treat cash recorded in audited books as unexplained merely because deposits were made during demonetisation or in instalments. Additions u/s 69A were deleted as cash balance was duly supported by business records.
The ITAT Jabalpur directed the CIT (Exemption) to reconsider the rejection of Mangalayatan University’s Section 80G approval. The Tribunal held that a rejection based on incomplete facts.
ITAT Jabalpur upholds CIT(A)’s deletion of addition u/s 68; holds that mere reliance on Investigation Wing report without independent verification is unsustainable.
ITAT Pune upheld CPC disallowance under section 36(1)(va) for delayed employee PF/ESI deposits, following Supreme Court ruling in Checkmate Services.
ITAT Pune set aside rejection of 12A registration after finding non-compliance was due to staff error; matter remanded to CIT(E) for fresh consideration.
