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ITAT Surat

Section 263 Quashed: CIT Cannot Revisit Issues Already Examined by AO

December 19, 2025 222 Views 0 comment Print

The Tribunal held that once the Assessing Officer has examined and accepted the source of property investment, the Commissioner of Income Tax (Exemption) cannot reopen the issue under section 263. The ruling emphasizes finality of AO’s findings.

Turnover Mismatch vis-à-vis TCS Data Invites 263: Lack of Enquiry by AO Proves Fatal

December 19, 2025 315 Views 0 comment Print

The Tribunal examined whether an assessment ignoring a clear mismatch between turnover and TCS data could survive. It held that absence of enquiry on such discrepancy renders the order erroneous and prejudicial, justifying revision.

Amended Section 115BBE Rate Not Applicable Retrospectively on Section 69A Addition

December 18, 2025 1587 Views 0 comment Print

The assessee claimed the firm had dissolved and deposits belonged to a partner. The Tribunal held that absence of documentary proof justified treating bank deposits as unexplained income.

Section 80P Deduction Allowed as Co-operative Bank Treated as Co-operative Society

December 18, 2025 729 Views 0 comment Print

The Tribunal held that interest earned from investments with a co-operative bank registered as a co-operative society qualifies for deduction under Section 80P(2)(d), following jurisdictional High Court rulings.

Multiple Opportunities Ignored, Yet ITAT Surat Grants Final Hearing Chance

December 18, 2025 270 Views 0 comment Print

The Tribunal held that dismissal of an appeal without effective hearing violated principles of natural justice. The matter was remanded for fresh adjudication with directions to grant adequate opportunity.

Failure to Scrutinise Exempt LTCG from Penny Stock Justifies Section 263 Action: ITAT Surat

December 18, 2025 294 Views 0 comment Print

The Tribunal upheld revision where the Assessing Officer failed to examine an exempt LTCG claim linked to penny stock manipulation. The ruling affirms that lack of inquiry makes an order erroneous and prejudicial.

Cancellation of Trust 12A Registration Set Aside for Violation of Natural Justice

December 18, 2025 717 Views 0 comment Print

The Tribunal set aside cancellation of charitable registration after finding lack of proper opportunity and consideration of submissions. Fresh adjudication was directed in line with natural justice.

Charitable Status of Alumni Association Upheld as Education & Aid to Poor Were Core Objects

December 18, 2025 474 Views 0 comment Print

The issue was whether certain objects benefiting members disqualified charitable registration. The Tribunal ruled that dominant charitable objects like education and aid to poor students justified granting registration.

Section 80P(2)(d) Deduction Allowed on Interest from Co-operative Bank Deposits: ITAT Surat

December 17, 2025 561 Views 0 comment Print

The Tribunal upheld deduction under Section 80P(2)(d) where interest income was earned from deposits with a co-operative bank. It held that a co-operative bank remains a co-operative society for this purpose.

Reassessment Remanded for Fresh Hearing Due to Non-Adjudication on Merits of Section 50C issue

December 15, 2025 396 Views 0 comment Print

The Tribunal remanded the case after finding that reassessment and appellate orders were passed ex parte without examining key issues on transfer, valuation, and cost, directing a fresh assessment with opportunity of hearing.

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