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Non-issuance of Section 143(2) notice invalids Section 143(3) Scrutiny Assessment: ITAT Raipur

March 25, 2025 873 Views 0 comment Print

ITAT Raipur held that assessment framed by AO u/s. 143(3) r.w.s. 147 of the Income Tax Act without issuance of notice under section 143(2) of the Income Tax Act is invalid and cannot be sustained in the eyes of law.

Section Addition needs to be allocated between joint beneficial owners: ITAT Raipur

March 25, 2025 921 Views 0 comment Print

ITAT Raipur held that entire addition of transaction in the hands of assessee under section 69 of the Income Tax Act as unexplained investment not tenable since the same needs to be allocated between joint beneficial owners. Thus, matter restore back to file of AO.

Reassessment u/s. 147 based on change of opinion without any fresh material not sustainable

March 25, 2025 855 Views 0 comment Print

ITAT Delhi held that re-assessment proceedings under section 147 of the Income Tax Act initiated due to change of opinion without having any fresh material on record is liable to be quashed. Accordingly, appeal of revenue dismissed.

Penalty u/s. 271AA not leviable without specifying documents not furnished by assessee

March 25, 2025 1485 Views 0 comment Print

ITAT Ahmedabad held that penalty u/s.271AA of the Income Tax Act cannot be levied without specifying the required documents failed to be maintained/furnished by the assessee. Thus, appeal of the revenue dismissed.

Revision u/s. 263 set aside as based on assumption and presumption: ITAT Jaipur

March 25, 2025 675 Views 0 comment Print

ITAT Jaipur held that invocation of revisionary proceedings u/s. 263 of the Income Tax Act not sustainable since AO duly verified investment and payment of ESI/PF.

Matter restored back as CIT(A) failed to consider additional evidences: ITAT Chennai

March 25, 2025 636 Views 0 comment Print

ITAT Chennai restored the matter back to the file of AO since CIT(A) failed to consider the additional evidence which was sought by AO. Accordingly, matter restored back to the files of AO for fresh adjudication.

Revisionary power u/s. 263 not sustainable as there is neither error of law nor of facts

March 25, 2025 507 Views 0 comment Print

ITAT Jaipur held that since there is neither error of law nor of facts, the twin condition as required to revise the assessment order is not met out and hence invocation of revisionary power under section 263 of the Income Tax Act is not sustainable in law.

ITAT Kolkata Rules on FTC Claim & Form 67 Filing Deadline

March 25, 2025 1035 Views 0 comment Print

ITAT Kolkata ruled that filing Form 67 for Foreign Tax Credit (FTC) under DTAA is procedural, not mandatory. Read key takeaways from Timirbaran Mazumder vs. DCIT.

ITAT Chandigarh deletes Section 153A Additions Due to Lack of Incriminating Material  

March 24, 2025 1110 Views 0 comment Print

ITAT Chandigarh upholds CIT(A) order, deleting additions under Section 153A, citing absence of incriminating material found during search proceedings.

Property Valuation Dispute: ITAT Pune Remands Case to CIT(A) for Fresh Adjudication

March 24, 2025 720 Views 0 comment Print

ITAT Pune remands Bandgar vs. ITO case for fresh adjudication on property valuation and income tax additions under sections 56(2)(vii)(b) & 69C.

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