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ITAT Ahmedabad

Reassessment Quashed for Lack of Assessee-Specific Evidence in Penny Stock Case

January 12, 2026 807 Views 0 comment Print

The Tribunal held that reopening based only on generalized information about a scrip, without independent inquiry or linkage to the taxpayer, is invalid. Entire addition on alleged bogus LTCG was deleted.

Section 11 Tax Exemption Upheld as Development Authority Activities Not Commercial

January 11, 2026 423 Views 0 comment Print

The Tribunal ruled that statutory urban development functions do not amount to trade or business. Fees and grants received under statutory mandate were held eligible for exemption.

Section 68 Demonetisation Deposit Addition Deleted Due to Genuine Cash Sales Evidence

January 11, 2026 645 Views 0 comment Print

The issue was whether cash deposited during demonetisation could be treated as unexplained. The Tribunal held that when sales are supported by available stock and recorded books, cash receipts from such sales cannot be added under Section 68.

Penalty u/s 271(1)(c) Not Leviable Where Survey Disclosure Is Declared in Return & Accepted

January 10, 2026 564 Views 0 comment Print

The tribunal held that penalty under section 271(1)(c) cannot be levied where income admitted during survey is duly declared in the return and accepted in assessment. The key takeaway is that absence of concealment or inaccurate particulars bars penalty, even if disclosure arose from a survey.

Unexplained Jewellery Addition Scaled Down on Human Probability

January 10, 2026 732 Views 0 comment Print

The Tribunal applied common sense to accept that some jewellery belonged to visiting relatives. It granted partial deletion, stressing that complete relief requires corroborative evidence.

Section 263 Revision Quashed for Lack of Error and Prejudice

January 9, 2026 477 Views 0 comment Print

he revision targeted 80G deduction and interest under TDS/TCS provisions. The Tribunal found that the Assessing Officer had examined both issues and no prejudice was shown.

ITAT Condones 3,100 Days Delay, Appeal Sent Back

January 9, 2026 708 Views 0 comment Print

The issue was whether an extraordinary delay caused by non-communication of intimation and a CPC error could be condoned. ITAT held the delay was unintentional, imposed costs, and remanded the case for adjudication on merits.

Section 68 Addition Deleted After Loan Genuineness Proven

January 9, 2026 702 Views 0 comment Print

The Revenue argued that routing through banking channels was insufficient. The Tribunal rejected this contention, holding that complete documentary evidence satisfied all requirements of Section 68.

Accommodation Entry Allegation Rejected for Want of Proof

January 9, 2026 606 Views 0 comment Print

The ruling reiterates that reassessment cannot be sustained where documentary evidence shows no loan transaction. Incorrect third-party information cannot justify reopening.

Section 80P Deduction Cannot Be Denied by CPC for AY 2019-20

January 9, 2026 420 Views 0 comment Print

The issue was whether CPC could disallow Section 80P deduction while processing the return under Section 143(1). The Tribunal held that CPC lacked such power for AY 2019-20 as the enabling amendment came later.

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