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ITAT Delhi

ITAT Delhi Quashes Section 68 Addition Due to Lack of Cross-Examination

December 2, 2025 1191 Views 0 comment Print

Tribunal rules that documented proof of shareholder identity and creditworthiness outweigh unverified third-party statements for income-tax purposes.

ITAT Ensures Proper Verification Before Granting Tax Refund

December 2, 2025 240 Views 0 comment Print

ITAT required the Assessing Officer to verify whether the correct tax credit was allowed. The assessee must present supporting evidence, ensuring accurate refunds under the Income Tax Act.

Reopening Quashed as Original Reason for 147 Fails – No Other Additions Can Survive

December 1, 2025 618 Views 0 comment Print

Rakesh Arora Vs ITO (ITAT Delhi) When the Reason Falls, the Case Falls: Rs. 3.14 Cr Trigger Proves False — ITAT Delhi Quashes Whole 147 The reassessment for AY 2012–13 was triggered solely on the allegation that the assessee had received accommodation entries of ₹3,14,16,000 from M/s Shreyas International. However, at the time of completing […]

When AO Relies Blindly on Old Penny-Stock Data, Reopening Cannot Stand

December 1, 2025 4026 Views 0 comment Print

The Tribunal held that the reassessment was invalid because the AO relied on outdated investigation data without linking it to the assessee’s transactions. Since the information pertained to a period before the assessee even acquired the shares, the reopening lacked jurisdictional foundation. As a result, the entire addition for alleged bogus LTCG was deleted.

Delhi ITAT Upholds TDS Demand on EDC Payments to HUDA: Section 194C Applicable

December 1, 2025 549 Views 0 comment Print

ITAT confirmed that External Development Charges paid to HUDA constitute payment for work, making TDS deduction mandatory and sustaining the demand under sections 201(1) and 201(1A).

Delhi ITAT Quashes Reopening Based on Mere Audit Objection: No New Material to Invoke Section 147

December 1, 2025 417 Views 0 comment Print

The Delhi ITAT held that reopening an assessment based solely on audit objections, without fresh material, is invalid. The tribunal emphasized that reassessment cannot be used for a mere change of opinion

Limitation Starts From Service, Not From Convenience – CIT(A) Directed to Reconsider 42-Day Delay

December 1, 2025 168 Views 0 comment Print

ITAT held that delay must be assessed from the date of service, condoned a 474-day delay, and directed the CIT(A) to reconsider the 42-day delay on merits.

Addition Remanded as New Evidence Admitted Under Rule 29

December 1, 2025 363 Views 0 comment Print

The ITAT held that crucial documents unavailable earlier must be considered, admitting them under Rule 29 and sending the ₹2.38 crore addition back for fresh examination.

Reassessment Quashed for Missing 143(2) Notice and Ignoring Valid Return

December 1, 2025 339 Views 0 comment Print

The ITAT ruled that failure to issue a mandatory Section 143(2) notice and disregarding an e-verified return rendered the reassessment void. The addition of ₹50.50 lakh was deleted.

PAN Mismatch Triggers Reassessment Remand for Import Verification

December 1, 2025 228 Views 0 comment Print

ITAT Delhi remanded the case to verify whether imports made using a firm’s PAN were recorded in the company’s books. CIT(A) deletion was quashed as factual examination was needed.

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