ribunal held that penalty under section 271B cannot be levied without books of account. Only penalty u/s 271A for non-maintenance applies, reduced from ₹1.5 lakh to ₹25,000.
ITAT Mumbai grants relief to a Rotary Trust, ruling a bona fide error in filing Form 80G instead of 12A justifies condonation of delay for re-registration and Section 11 exemption.
ITAT Mumbai rules that the principal component of a finance lease is a capital recovery, not taxable income. Surrendered depreciation requires exclusion of principal to avoid double taxation.
ITAT Hyderabad ruled that a Joint Development Agreement (JDA) doesn’t trigger Capital Gains Tax u/s 2(47)(v) when possession isn’t legally delivered, relying on SC/HC precedent.
ITAT Hyderabad deletes a ₹10.10 Cr TP adjustment on AE consultancy fees to Virinchi Ltd, holding TPO cannot question commercial expediency of services when ALP is proven.
ITAT Visakhapatnam upholds additions for demonetisation deposits but rules tax under section 115BBE for AY 2017-18 should apply at 30% instead of 60%.
The ITAT Delhi has set aside tax additions made to Divya Exim Pvt. Ltd. and other assessees. The tribunal ruled that in completed assessments, additions cannot be based solely on third-party statements without corroborating incriminating material found during a search.
ITAT Delhi in RSWM Ltd. Khari Gram vs DCIT examines disputed additions under Section 69, allowability of education cess, and treatment of FPS/FMS, TUFS, and RIPS subsidies, emphasizing reliance on evidence and judicial precedents.
The Income Tax Appellate Tribunal (ITAT) Delhi has set aside a significant tax addition against Maple Destinations, ruling that the reassessment was based on uncorroborated, retracted statements and a denial of the assessee’s right to cross-examination, which violated principles of natural justice.
ITAT Hyderabad held that alleged discrepancy i.e, the suppression of the purchases/sales/closing stock based on distorted figures by AO resulting to an exorbitant addition is unsustainable in law. Accordingly, appeal of assessee allowed.
