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Delay due to COVID-19 outbreak and pendency of rectification application genuine

March 4, 2025 1053 Views 0 comment Print

ITAT Pune held that delay in filing of an appeal before CIT(A) needs to be condoned firstly by excluding COVID-19 pandemic outbreak period and further since rectification application was pending before CPC.

Addition u/s. 69 without any concrete evidence against assessee is not sustainable

March 4, 2025 1188 Views 0 comment Print

ITAT Mumbai held that addition under section 69 towards unexplained cash made by the AO without bringing any concrete evidence on record incriminating the assessee is not sustainable. Accordingly, addition u/s. 69 deleted.

Rejection of Section 80IAC Claim Unjustified for mere Form 10CCB Delay

March 3, 2025 1905 Views 0 comment Print

ITAT Pune held that delay in filing audit report in Form 10CCB due to technical problem is justifiable and hence denial of claim under section 80IAC of the Income Tax Act not justified. Accordingly, order set aside to AO to consider audit report.

Sundry Debtors Not Unexplained Money Under Section 69A: ITAT Jaipur

March 3, 2025 2187 Views 0 comment Print

ITAT Jaipur held that amount of sundry debtor recorded in books of account are not any money, bullion, jewellery or other valuable article and hence doesn’t qualify as unexplained money under section 69A of the Income Tax Act.

Reassessment not valid if no application of mind by AO: ITAT Pune

March 2, 2025 1215 Views 0 comment Print

Aadhunik Infrastructure Development Pvt. Ltd. Vs DCIT (ITAT Pune) The Income Tax Appellate Tribunal (ITAT), Pune Bench “A,” has ruled in favor of Aadhunik Infrastructure Development Pvt. Ltd. (formerly Gauri Plasticulture Pvt. Ltd.), setting aside the reassessment proceedings initiated under Section 147 of the Income Tax Act, 1961, for the Assessment Year 2012-13. The appeal […]

Applicability of Sections 41(1) & 68 on Lease and Booking Advances as Ceased Liabilities – ITAT Ruling

March 2, 2025 921 Views 0 comment Print

ITAT Nagpur rules in ITO Vs N. Kumar Housing, addressing ₹5.2 crore addition under Sections 41(1) and 68. Liability cessation and unexplained cash credits analyzed.

No penalty under Section 271(1)(c) if income declared during search & seizure

March 2, 2025 1551 Views 0 comment Print

ITAT Pune rules in Ramchandra Jadhavrao vs. ACIT that no penalty under Section 271(1)(c) applies if income is declared in return post-survey.

Accumulation u/s. 11(1)(a) allowed at 15% of gross receipts: ITAT Delhi

February 28, 2025 7344 Views 0 comment Print

ITAT Delhi held that accumulation under section 11(1)(a) of the Income Tax Act is to be allowed at 15% of gross receipts. Accordingly, appeal of the assessee allowed.

Capital gain cannot be treated as bogus merely on warning letter of SEBI without any incriminating material

February 28, 2025 2445 Views 0 comment Print

ITAT Chandigarh held that treating capital gains earned on sale of shares as bogus merely on the basis of warning letter of SEBI without any incriminating material found during course of search demonstrating transaction as bogus is unjustified.

Initiation of revision proceedings u/s. 263 based on audit objection not tenable in law: ITAT Jaipur

February 28, 2025 1431 Views 0 comment Print

ITAT Jaipur held that exercise of revisionary power under section 263 of the Income Tax Act on the basis of audit objection is not tenable in law. Accordingly, initiation of proceedings liable to be quashed.

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