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No Section 68 Addition as Penny Stock Transactions Did Not Yield LTCG

October 4, 2025 549 Views 0 comment Print

The ITAT Ahmedabad upheld the deletion of a ₹1.17 Lakh addition made under Section 68 for alleged penny stock gains, ruling that the taxpayer had incurred a Short Term Capital Loss and had not claimed any exempt LTCG u/s 10(38),

ITAT Condones Delay, Restores Appeal Challenging Capital Gain Hike Due to Clerical Error

October 4, 2025 474 Views 0 comment Print

ITAT Surat condones delay in appeal against an increased capital gain demand under Sec. 143(1), ruling the delay was justified by the assessee’s pursuit of rectification remedy.

ITAT Kolkata Partly Allows Business Expense Claims in Painting Business

October 4, 2025 300 Views 0 comment Print

ITAT Kolkata restricts disallowance of painting business expenses to 20%, ruling that entire disallowance for lack of vouchers was excessive given the ongoing business activity.

ITAT Indore Restores Ex-Parte Assessments for Fresh Hearing Amid Natural Justice Concerns

October 4, 2025 282 Views 0 comment Print

ITAT Indore remands assessment orders for AYs 2013-14 to 2018-19 to the AO for de novo consideration, finding that non-compliance during proceedings occurred due to the COVID-19 pandemic and an inoperative email ID, violating natural justice.

Reassessment Notice Invalid If PCIT Approval is Ritualistic & Mechanical: ITAT Delhi

October 3, 2025 672 Views 0 comment Print

ITAT Delhi sets aside reassessment, ruling the PCIT’s ritualistic S. 151 approval for S. 148 notice invalidates the proceedings; “mechanical approval is fatal.”

ITAT Delhi deletes Accommodation Entry Addition of ₹11.54 Cr – Suspicion not Proof

October 3, 2025 525 Views 0 comment Print

ITAT Delhi deletes ₹11.54 crore addition on loan transactions, ruling the S. 147 reassessment invalid and confirming “suspicion is not proof” for genuine loans.

Half of Purchases Cannot Be Treated as Bogus Without Verification: ITAT Delhi

October 3, 2025 480 Views 0 comment Print

Delhi ITAT rules reassessment valid due to Assessee’s HC undertaking, but deletes Rs. 8.31 Cr addition, finding Revenue failed to prove raw material purchases were bogus.

LTCG from Penny Stock Found Genuine – Suspicion No Substitute for Proof: ITAT Delhi

October 3, 2025 621 Views 0 comment Print

ITAT Delhi dismisses Revenue appeal, holding an investor’s LTCG from stock exchange transactions as genuine, reaffirming “suspicion is not substitute for proof.”

Operating Lease, Not Financial Lease – Aircraft Lease Rentals Not Taxable in India

October 3, 2025 1347 Views 0 comment Print

The ITAT Delhi bench, in a batch of 75 appeals led by Kosi Aviation Leasing Ltd., held that lease rentals received by Irish aircraft lessors from Indian airlines constitute profits from the operation of aircraft (Article 8 of the India-Ireland DTAA), not interest income (Article 11).

Form 26AS Not Final – ITAT Grants TDS Credit to Law Firm despite Deductor’s Default

October 3, 2025 1581 Views 0 comment Print

ITAT Mumbai rules Section 205 protects taxpayers. TDS credit cannot be denied due to Form 26AS mismatch caused by deductor’s default or non-deposit.

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