The Income Tax authorities treated LTCG from Kappac Pharma shares as unexplained cash credit. The Tribunal confirmed the transactions were genuine, supported by demat and broker records. The addition under Section 68 and related commission expenses were deleted.
ITAT Ahmedabad held that banks can claim deductions for provisions for bad debts on total income, including capital gains, rejecting the CIT’s restriction to business income.
ITAT held that Section 263 requires the PCIT to conduct independent inquiry before declaring an order erroneous. Since the PCIT relied only on assumptions of inadequate inquiry, the revision was invalid.
The Tribunal held that although transportation proof was lacking and the supplier was unverifiable, accepted sales established that trading had occurred. It ruled that only the profit element of 2% could be added, and the addition could not be taxed under section 115BBE.
Holds that once a tax dispute is settled under the Vivad Se Vishwas Act, Section 263 revision cannot be invoked. Confirms that VSV grants finality and bars reopening of settled issues.
Tribunal holds that the CBDT circular exempting commercial transactions was wrongly ignored; AO must re-verify if the shareholder loan was a genuine business accommodation before taxing under Section 2(22)(e).
ITAT ruled that organising Kathas or Yagnas for charitable fundraising does not constitute a religious object under Section 80G. The trust’s dominant objects were charitable, and expenditure on religious events was minimal. Approval under 80G(5) was therefore directed by the Tribunal.
The ITAT set aside CIT(E) orders denying Section 12A registration and 80G approval due to non-receipt of document requests, allowing the trust a fresh opportunity to comply.
The Tribunal held that donations to an institution whose approval was withdrawn retrospectively cannot qualify for deduction under Section 35(1)(ii). Reopening was upheld, and bona fide belief offered no protection.
The Tribunal observed that the cooperative society’s members relied entirely on their CA, who failed to represent them in ex-parte assessments. In the interest of justice, the quantum additions were set aside and restored for fresh adjudication. Penalties were also deleted pending reassessment.
