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Penalty u/s 271(1)(c) Dependent on Quantum – Tribunal Remands Back to NFAC

September 28, 2025 393 Views 0 comment Print

The ITAT Raipur set aside penalties under Section 271(1)(c) levied on Sai Baba Sansthan for A.Y. 2012-13 and 2013-14, remanding the matter to the NFAC. The Tribunal held that the penalty’s survival is contingent upon the NFAC upholding the quantum additions on a de novo adjudication, relying on Supreme Court and Delhi High Court precedents.

ITAT Delhi Quashes Reassessment– Wrong Authority’s Approval Invalidates 148 Notice

September 28, 2025 714 Views 0 comment Print

ITAT Delhi quashes reassessment (AY 2016-17) and deletes Rs.2.25 Cr LTCG addition after finding that PCIT, not PCCIT, gave the required Section 151 approval.

Unsecured Loan Addition Sustained, Expense Disallowances Deleted: ITAT Delhi Ruling

September 28, 2025 492 Views 0 comment Print

ITAT confirmed GP and unsecured loan additions but deleted expense disallowances, ruling that rebates and receipt-backed rent are valid business expenses without a proven personal element.

Assessee Fails to Prove Loan- ITAT Delhi Upholds Rs.1 Cr Addition

September 28, 2025 303 Views 0 comment Print

ITAT Delhi upholds the Rs. 1 crore addition (u/s 68) confirmed by CIT(A), dismissing the assessees appeal due to its repeated failure to produce evidence for the genuineness, identity, and creditworthiness of the purported loan. No evidence, no relief.

ITAT Delhi Quashes 153C Assessment Beyond 10 Years – Revenue Appeal Dismissed

September 28, 2025 531 Views 0 comment Print

ITAT Delhi upholds the quashing of s. 153C assessment for AY 2012-13, ruling it’s beyond the 10-year block of limitation as per s. 153A/C and Delhi High Court precedent in Ojjus Medicare.

No Section 271(1)(c) Penalty for Income Surrendered During Survey & Already Disclosed in ROI

September 28, 2025 792 Views 0 comment Print

Jaipur ITAT dismisses Revenue’s appeals in Nath Corporation, Royal Jewellers, and Shri Jitendra Kumar Agarwal cases, deleting Rs. 3.3 crore in penalties.

ITAT Chandigarh Upholds Taxation of Survey Cash Under Section 69A r.w.s. 115BBE

September 27, 2025 801 Views 0 comment Print

The ITAT Chandigarh dismissed the appeal of Svetlana Gorodinskaia, ruling that unexplained cash of ₹4,07,000/- found during a survey operation must be taxed as “unexplained money” under Section 69A and subjected to the higher tax rates of Section 115BBE

Section 263 Invoked Validly if AO Failed to Apply 115BBE on Surrendered Stock: ITAT Jaipur

September 27, 2025 540 Views 0 comment Print

The ITAT Jaipur dismissed the assessee’s appeal, confirming the PCIT’s revisionary order under Section 263. The Tribunal ruled that the income declared as excess stock during a survey must be taxed under Section 115BBE at a higher rate because the assessee failed to prove a direct nexus between the excess stock and suppressed regular business profits.

ITAT Mumbai Upholds 12.5% Addition on Bogus Purchases, Rejects Assessee & Revenue Appeals

September 27, 2025 861 Views 0 comment Print

Tribunal confirmed CIT(A)’s estimation of 12.5% disallowance on ₹2.19 crore alleged bogus purchases, dismissing both assessee’s plea for reduction and Revenue’s demand for higher addition.

Purchases Linked With Sales & GP Rates Comparable: ITAT deletes ₹9.6 Cr Addition

September 27, 2025 618 Views 0 comment Print

The court found that the assessee provided sufficient documentary evidence, and the declared profit rates were comparable to previous years, distinguishing the case from bogus purchases precedents.

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