Where temporary loans received and repaid through banking channels, with identity and creditworthiness of lender proved, the sa,e could not be treated as unexplained cash credits under Section 68. Reliance on third-party statements without cross-examination was invalid.
The ITAT Ahmedabad remanded a charitable trusts tax case, ruling that the AO violated natural justice by making a Rs. 2.24 crore addition based on a third-party search statement without providing the assessee with copies of the statement or documents for rebuttal. The Tribunal directed the CIT(A) to decide the matter on merits after giving the trust a proper opportunity to contest the evidence.
The ITAT set aside a CIT(A) order that allowed a Section 54B capital gains exemption, because the CIT(A) copied a co-owners case ruling without independently verifying the factual evidence of agricultural use. The Tribunal reiterated that the burden to prove agricultural use rests on the assessee and remanded the matter for a fresh, reasoned decision based on factual findings.
ITAT Ahmedabad held that deduction u/s. 35(1)(ii) of the Income Tax Act rightly disallowed since donation was given to Arvindo Institute of Applied Scientific Research Trust whose approval expired on 31.03.2006. Accordingly, appeal of assessee dismissed.
The ITAT deleted a penalty under Section 271(1)(c), ruling that once the capital gains deductions (Section 54EC/54F) are substantially allowed in the quantum appeal, there’s no concealment of income. The Tribunal emphasized that filing a belated return within Section 139(4) does not automatically invalidate a genuine deduction claim, making the penalty unsustainable.
Tribunal held that goodwill arising from court-approved amalgamation is a depreciable intangible asset. AO & CIT(A)’s disallowance based on colourable device allegation was quashed.
The ITAT Ahmedabad dismissed the Revenue’s appeal, ruling that cash deposits of Rs.9.37 crore made by Arvindbhai Jewellers during demonetisation were not unexplained cash credits under Section 68. The Tribunal held that the Assessing Officer’s rejection of books under Section 145(3) was invalid, as there was no defect in the quantitative stock register, and suspicion alone cannot be a basis for addition.
The Tribunal accepted documentary evidence, including a director’s affidavit and Company Law Board (CLB) orders, as credible proof of sufficient cause for the inordinate delay. The case was restored, ensuring the assessee gets an opportunity to contest the 68 and House Property income additions.
Upholding the CIT(A)’s decision, the ITAT confirmed that the charitable trusts claim for exemption on ₹2.45 crore application of income could not be denied. The ruling establishes that the registration granted under Section 12AA, even if initially delayed, holds legal force for the current assessment year, nullifying the AOs attempt to tax voluntary contributions.
ITAT quashes Rs.8.8 Cr penalty u/s 271G on Atul Ltd.. Penalty applies for non-furnishing TP docs, not for TPO’s rejection of the assessee’s benchmarking method. Cites Delhi HC precedent.
