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ITAT Ahmedabad

ITAT Remands Section 50C Issue to DVO Despite Rejecting Earlier Agreement Plea

January 19, 2026 444 Views 0 comment Print

The Tribunal held that when stamp duty value is disputed, the Assessing Officer must refer the matter to the DVO. Fair market value determination is mandatory before sustaining a Section 50C addition.

ITAT Ahmedabad Taxes MOU Receipts as Other Sources as Assessee Lacks Land Ownership Rights

January 19, 2026 315 Views 0 comment Print

Authorities found the land had been sold decades earlier and the MOU acknowledged no possession or rights. The Tribunal affirmed taxation under section 56. The ruling clarifies that an MOU cannot convert non-rights into capital receipts.

ITAT Ahmedabad Deletes Bogus Purchase Addition Despite Survey Admission of Seller

January 19, 2026 675 Views 0 comment Print

The Tribunal held that a general survey admission by the seller cannot justify additions in every buyers case. Documentary proof of purchases and sales outweighed unsupported allegations.

Benefit of indexed cost of acquisition allowed while computing book profit u/s. 115JB

January 19, 2026 312 Views 0 comment Print

ITAT Ahmedabad held that the assessee is entitled to the benefit of indexed cost of acquisition while computing book profit under section 115JB of the Income Tax Act. Accordingly, AO directed to recompute book profit after allowing indexation.

Escapement Below ₹50 Lakh: ITAT Ahmedabad Holds Reopening Beyond 3 Years Invalid

January 19, 2026 708 Views 0 comment Print

The Tribunal held that reassessment beyond three years is invalid where the alleged escaped income is below ₹50 lakh. A notice issued for a ₹5 lakh donation was declared void ab initio.

Reopening Quashed for Borrowed Satisfaction – LTCG on Shares Cannot Be Taxed u/s 68

January 19, 2026 456 Views 0 comment Print

The Tribunal held that reopening based solely on Insight Portal inputs without independent application of mind is invalid. Since the reassessment itself failed, the addition of share LTCG as unexplained income under section 68 could not survive.

ITAT Ahmedabad Deletes On-Money Additions; Loose Papers Insufficient

January 17, 2026 1125 Views 0 comment Print

Additions were deleted after finding that the Revenue relied on presumptions rather than tangible proof. The decision reinforces that the burden to prove undisclosed income lies on the tax authorities.

ITAT Ahmedabad Remands DVO Addition & Demonetisation Cash Deposit Issue

January 17, 2026 510 Views 0 comment Print

The Tribunal ruled that unexplained investment additions based solely on a DVO report are invalid when books are not rejected and the report is not confronted to the assessee. The matter was remanded for fresh verification following natural justice.

ITAT Ahmedabad Restores 35(1)(ii) Deduction Claim for Gujarat Cancer Society Donation

January 17, 2026 258 Views 0 comment Print

The Tribunal held that a bona fide mistake in claiming deduction under an incorrect section should not bar relief. The matter was remanded to verify eligibility under section 35(1)(ii).

Audit Objection-Driven Reopening Invalid Without AO’s Satisfaction: ITAT Ahmedabad

January 17, 2026 402 Views 0 comment Print

Where capital subsidy was not received in the relevant year and no addition followed, reopening lacked basis. Mechanical reliance on audit objections was held unlawful.

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