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ITAT Indore

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LTCG Addition Deleted: No Evidence Linking Assessee to Penny Stock Scheme

April 2, 2026 441 Views 0 comment Print

The issue involved denial of LTCG exemption based on allegations of penny stock manipulation. The Tribunal held that without direct evidence or nexus, such additions cannot be sustained.

Mismatch in Payment & Share Allotment Dates Raises Doubts; ITAT Indore Remanded Matter for Fresh Examination

March 29, 2026 381 Views 0 comment Print

The Tribunal found inconsistency between payment date and share allotment date, raising doubts about the transaction. It held that these factual issues require verification. The matter was remanded to the AO for fresh examination.

ITAT Deletes Penny Stock Addition as Shares Were Purchased in Earlier Assessment Year

March 27, 2026 843 Views 0 comment Print

The Tribunal found that the AO wrongly taxed an investment in an incorrect assessment year. Evidence showed the purchase occurred earlier than the year under consideration. The decision highlights the importance of correct year-wise taxation.

Penalty for Non-Compliance Cannot Stand When Assessment Is Completed Under Section 143(3)

March 12, 2026 417 Views 0 comment Print

The ITAT Indore held that penalty under Section 272A(1)(d) cannot survive where the assessment is completed under Section 143(3) after considering the taxpayer’s delayed submissions, as such compliance effectively condones earlier defaults.

Trust Registration Rejection Set Aside Because Technical Error in Application Is Not Valid Ground

March 9, 2026 2931 Views 0 comment Print

The Tribunal ruled that a bona fide technical mistake in selecting the wrong section code while applying for registration cannot lead to rejection of the application. The matter was remanded to the Commissioner (Exemption) for reconsideration on merits.

Capital Gains Reassessment Remanded Because AO Failed to Refer Stamp Valuation to DVO Under Section 50C

March 4, 2026 438 Views 0 comment Print

ITAT Indore held that stamp duty valuation cannot be adopted without considering Section 50C(2)/(3). The matter was remanded for DVO reference and fresh computation.

ITAT Allows Re-Computation of Leave Encashment Exemption Because CBDT Raised Limit to ₹25 Lakh

March 4, 2026 5094 Views 0 comment Print

The Tribunal held that the revised ₹25 lakh exemption limit for leave encashment under Section 10(10AA) must be considered and remanded the matter to the Assessing Officer for recomputation. The decision emphasizes applying the enhanced limit even for earlier assessment years where judicial precedents support the claim.

CIT(A) Cannot Dismiss Appeal for Non-Payment of Advance Tax in Reassessment: ITAT Indore

February 23, 2026 801 Views 0 comment Print

ITAT Indore held that Section 249(4)(b) does not apply in reassessment proceedings where no advance tax obligation arises. The dismissal of appeal without examining merits was set aside and the matter remanded for fresh adjudication.

ITAT Indore Sets Aside FTC Disallowance as Form 67 Filed With Section 139(4) Return

February 23, 2026 315 Views 0 comment Print

The Tribunal found that denial of foreign tax credit during return processing was improper where Form 67 and the return were filed together. The Assessing Officer was directed to verify and allow credit.

ITAT Restores Appeal After Wrongful Dismissal for Non-Payment of Advance Tax

February 20, 2026 378 Views 0 comment Print

The Tribunal held that Section 249(4)(b) does not apply in reassessment where no advance tax liability existed, setting aside dismissal of appeal and restoring it for decision on merits.

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