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ITAT Rajkot

ITAT Upholds Cash Basis Accounting for Duty Drawback Against AO Addition

November 28, 2025 444 Views 0 comment Print

The Tribunal ruled that duty drawback income recognized on cash receipt basis cannot be taxed on accrual, as consistent accounting practice caused no revenue loss.

ITAT Directs Recalculation of Capital Gains, Not Just Section 50C Difference

November 27, 2025 492 Views 0 comment Print

The Tribunal held that AO must recompute capital gains considering purchase cost, indexation, and stamp duty, instead of merely adding the section 50C deemed value difference.

Demonetisation Cash Deposits Supported by Sale Deeds & Wealth Records, ITAT Limits Disallowance to 10%

November 27, 2025 591 Views 0 comment Print

ITAT Rajkot partly allowed appeal, directing that 90% of cash deposited during demonetisation be accepted as explained, with only 10% taxable under normal income tax.

Income Tax Assessment Quashed for Failure to Follow Mandatory CBDT Notice Format

November 27, 2025 6747 Views 0 comment Print

The Tribunal found that notices lacking classification as limited, complete, or manual scrutiny violated CBDT instructions. As a result, the assessment under section 143(3) was quashed as void ab initio.

Section 263 Order Quashed for Wrongly Alleging Lack of Enquiry – What ITAT Clarified

November 21, 2025 705 Views 0 comment Print

ITAT held that Section 263 cannot be invoked when the AO has already examined the issues and applied his mind. Key takeaway: Mere preference for deeper enquiry does not make an assessment erroneous.

Section 12AB & 80G Registration Rejection Reversed for Lack of Evidence of Community Bias

November 21, 2025 714 Views 0 comment Print

The Tribunal found no proof that the trust spent funds on a specific community. The matter was remanded for a fresh review of its 12AB and 80G applications.

ITAT Rajkot: Interest on Enhanced Compensation Forms Part of Land Value; ₹94.81 Lakh Addition Deleted

November 7, 2025 912 Views 0 comment Print

Rajkot ITAT deleted an addition of ₹94.81 lakh, holding that interest received under Section 28 of Land Acquisition Act is accretion to compensation, not interest taxable under Section 56(2)(viii). Since acquired land was rural agricultural land (not a capital asset), compensation, including Section 28 interest, is wholly exempt from tax.

Dead Firm, Live Notice: ITAT Rajkot Quashes Reassessment Against Non-Existent Entity

November 7, 2025 477 Views 0 comment Print

The ITAT Rajkot set aside reassessment proceedings initiated under Section 148 against a firm that had previously converted into a private limited company. The Tribunal held that a notice issued in the name of a non-existent entity strikes at the root of jurisdiction and renders the entire assessment void ab initio.

Power of Attorney Holder Not Liable for Capital Gains: ITAT Rajkot

November 7, 2025 495 Views 0 comment Print

The ITAT Rajkot set aside the addition of ₹16.99 lakhs in Long Term Capital Gain (LTCG) against the assessee, who acted only as a Power of Attorney (POA) holder for the property sale. The Tribunal remitted the matter to the Assessing Officer for fresh adjudication, noting the assessee was not the property owner or seller.

System Logic Can’t Override Statute: ITAT Allows 87A Rebate on STCG u/s 111A

November 4, 2025 1578 Views 0 comment Print

ITAT ruled that a resident individual, opting for new tax regime with income below ₹7 lakhs, is eligible for full S 87A rebate, even if their income includes STCG under S 111A3 Court held that no statutory bar existed for Assessment Year 2024-25, invalidating system-driven denial by CPC.

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