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ITAT Rajkot

Section 115BBE Not Applicable to Business Receipts; Only Profit on Cash Deposits Taxable

December 25, 2025 630 Views 0 comment Print

The Tribunal held that cash deposits representing trading receipts cannot be taxed in full as unexplained income. Only the estimated profit portion was directed to be assessed.

Entire Cash Turnover Can’t Be Taxed as Income: ITAT Rajkot

December 22, 2025 330 Views 0 comment Print

The issue was whether entire bank cash deposits could be taxed as unexplained money. The Tribunal ruled that gross receipts alone cannot be treated as income without examining business facts. Key takeaway: turnover ≠ income under section 69B.

Ex-Parte Assessment Set Aside with Costs, Cash Deposit Case Remanded

December 22, 2025 231 Views 0 comment Print

The issue was whether an ex-parte reassessment for unexplained cash deposits could stand despite total non-compliance. The ITAT held that substantive justice required one final opportunity and remanded the case for fresh adjudication.

Section 263 Revision Unwarranted After Due Inquiry; Revenue Appeal Dismissed

December 18, 2025 672 Views 0 comment Print

The ITAT dismissed the Revenue’s appeal after the High Court upheld that revision under Section 263 was unwarranted where the Assessing Officer had conducted due inquiry.

Section 263 Revision Quashed as Penny Stock LTCG Was Examined & AO Took Plausible View

December 16, 2025 1293 Views 0 comment Print

ITAT held PCIT cannot revise assessment where penny stock LTCG transactions were fully examined and AO adopted a permissible view.

Protective addition collapses once substantive tax paid by real owner: ITAT Rajkot

December 13, 2025 297 Views 0 comment Print

ITAT ruled that protective addition of Rs.27.74 lakh in the assessee’s hands was unjustified as the real owners of the seized gold had already been assessed.

Gift from HUF to Member Requires Verification Before Taxation: ITAT Rajkot

December 12, 2025 804 Views 0 comment Print

The ITAT set aside the CIT(A)’s order taxing Rs. 10 lakh received from HUF, emphasizing verification of the gift and HUF status before determining taxability under section 56(2)(vii).

CIT(A) Condoned Quantum Delay but Not Penalty? ITAT Corrects the Inconsistency

December 10, 2025 423 Views 0 comment Print

The Tribunal held that the CIT(A) acted inconsistently by condoning delay in the quantum appeal but refusing the same in penalty appeals. Since sufficient cause existed and was already recognized, delay in all penalty appeals was condoned. Penalty matters were restored to the AO for reconsideration.

When Professional Negligence Meets Harsh Limitation – ITAT Steps In to Protect Assessee

December 10, 2025 405 Views 0 comment Print

The Tribunal held that the assessee cannot be penalised for mistakes of his CA and condoned a two-year delay. The matter was remanded for de novo assessment, reaffirming natural justice principles.

ITAT Cuts Additions from Rs.13.91 Lakh to Rs.1.39 Lakh Using 10% Estimate

December 10, 2025 195 Views 0 comment Print

The Tribunal held that the AO found no fabricated or false documents for agricultural or tuition income. Since evidence existed but was incomplete, ITAT applied a 10% estimate and cut the addition drastically.

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