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ITAT Hyderabad

ITAT Hyderabad: Partial Relief in Cash Seizure Case; Mother’s Explained Sources Accepted on Probabilities

April 27, 2026 153 Views 0 comment Print

The issue was addition of cash found during search claimed to belong to the assessee’s mother. The Tribunal allowed partial relief, accepting some explanations based on evidence and probabilities while sustaining the balance.

ITAT Hyderabad: Section 115BAA Benefit Cannot Be Denied on Technicalities; MAT Not Applicable Once Option Validly Exercised

April 27, 2026 168 Views 0 comment Print

The issue was denial of concessional tax regime due to incorrect ITR disclosure and alleged delay in filing Form 10-IC. The Tribunal held that due date depends on the class of assessee, not procedural lapses, and allowed Section 115BAA benefit.

Reopening Quashed – Incorrect Facts Cannot Extend Limitation Beyond 3 Years

April 27, 2026 315 Views 0 comment Print

The issue was reopening based on incorrect cash deposit figures exceeding ₹50 lakh. The Tribunal held actual amount was lower, making notice time-barred and invalid.

12.5% Profit on Bank Credits Excessive, Restricted to 4%: ITAT Hyderabad

April 27, 2026 183 Views 0 comment Print

ITAT Hyderabad holds 12.5% profit estimation on ₹2.52 crore bank credits excessive; rejects commission agent claim due to lack of evidence but restricts income estimation to 4%, granting partial relief to the assessee.

No Appeal Dismissal u/s 249(4)(b) Without Advance Tax Liability: ITAT Hyderabad

April 27, 2026 108 Views 0 comment Print

ITAT Hyderabad holds that Section 249(4)(b) cannot bar appeal where no income is admitted and no advance tax is payable; sets aside dismissal and directs AO to treat demonetisation cash deposits as business turnover (if normal) and estimate income u/s 44AD instead of Section 69A addition.

Opening Balance Cannot Be Taxed u/s 68: ITAT Remands ₹55.53L Loan Addition for Verification

April 27, 2026 225 Views 0 comment Print

ITAT Hyderabad holds that Section 68 cannot apply to opening balances; remands ₹55.53 lakh addition for verification, directing AO to examine prior-year records and delete addition if no fresh credit arose during the year.

No Misreporting, No Penalty: ITAT Deletes ₹11L Penalty u/s 270A(9) Where Return Accepted in Full

April 27, 2026 339 Views 0 comment Print

ITAT Hyderabad deletes ₹11.03 lakh penalty under Section 270A(9), holding that non-filing of return followed by filing under Section 148 amounts to under-reporting, not misreporting; no penalty when returned income is accepted without variation.

No Capital Gains on JDA Without Consideration or Possession Transfer: ITAT Deletes Addition

April 27, 2026 378 Views 0 comment Print

ITAT Hyderabad deletes ₹66.31 lakh capital gains addition, holding that execution of JDA does not constitute transfer under Section 2(47) where no consideration is received and possession is given only for development; no taxable event arises.

Reassessment Quashed: 148 Notice Issued Post 01.04.2021 Without Following New Law Held Invalid

April 27, 2026 357 Views 0 comment Print

ITAT Hyderabad quashes reassessment as Section 148 notice, though dated 31.03.2021, was actually issued on 01.04.2021; failure to follow mandatory Section 148A procedure and obtain proper approval rendered proceedings invalid.

Penny Stock Addition Deleted – Documentary Evidence Overrides Suspicion

April 27, 2026 261 Views 0 comment Print

ITAT Hyderabad deletes Section 69A additions in alleged penny stock case, holding that documented share transactions cannot be treated as bogus based on suspicion or general investigation reports without specific evidence against the assessee.

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