ITAT Agra held Section 44AD could not apply where turnover exceeded the limit, adopted past profit history, allowed telescoping and deleted Section 43B addition.
ITAT Agra held that neither Section 87A nor Section 111A expressly prohibits rebate on tax payable on short-term capital gains for AY 2024-25. The Assessing Officer was directed to grant the rebate.
The ITAT held that penalty under Section 270A could not be sustained because the Assessing Officer failed to clearly distinguish between under-reporting and misreporting of income. The penalty was deleted for lack of a specific finding.
The ITAT upheld deletion of the Section 69A addition after finding that the bank credits were satisfactorily explained as insurance premium collections and related transactions. It held that the Revenue failed to produce evidence contradicting the assessee’s explanation.
The ITAT held that registration granted under Section 12AA before completion of assessment entitled the trust to claim exemption for the earlier assessment year under the proviso to Section 12A(2). It also deleted the addition on donations.
The ITAT held that the Assessing Officer must clearly indicate whether the alleged default is under-reporting or misreporting, as both attract different consequences under Section 270A. Failure to do so rendered the penalty order invalid.
The Tribunal held that although foreign LFC reimbursements were ultimately held taxable, the bank could not be treated as an assessee-in-default for complying with a subsisting High Court direction restraining TDS deduction.
The ITAT Agra declined to condone an extraordinary delay of 2,799 days in filing the quantum appeal, holding that the explanation regarding non-service of the appellate order did not constitute sufficient cause. The appeal was dismissed in limine.
ITAT Agra held that reassessment proceedings framed using a PAN surrendered years earlier were invalid. Since the assessment was based on a non-existent PAN, the entire proceedings were quashed.
The Agra ITAT held that disallowance of employees’ PF and ESI contributions could not be made through Section 143(1) processing when the legal position was unsettled. The ruling emphasizes that highly debatable issues fall outside the scope of prima facie adjustments.
