The ITAT upheld the CIT(A)’s deletion of Rs. 11.26 crore LTCG, noting the unregistered JDA could not constitute a transfer under Section 2(47)(v). Taxability arises only upon registration and statutory approvals.
The Tribunal held that projected profitability notes could not be treated as incriminating material and did not establish undisclosed income. Penalty under section 271AAB was therefore cancelled.
The Tribunal held that once sales are accepted in audited books, they cannot be reclassified as unexplained cash credits. The addition of ₹41.74 lakh was struck down as it caused double taxation.
AO made an addition based on difference between stamp value and purchase price without referring matter to a Valuation Officer despite assessee’s objection. ITAT held this omission violated Section 56(2)(x) and principles of natural justice. It observed that assessee’s registered valuer report showing a lower market value was ignored. Consequently, addition was quashed.
ITAT Visakhapatnam held that the interest on nonrecoverable loans has not been recorded by the assessee and accordingly no deduction under section 80P of the Income Tax Act was claimed. Thus, addition made thereon is liable to be deleted.
ITAT Visakhapatnam remitted the appeal back to the CIT(A) after an ex-parte order, emphasizing need for assessee’s opportunity to be heard in a case involving protective additions under Section 68.
ITAT Visakhapatnam, in case of Subbarao Jaladi v. ITO, set aside an addition of ₹6,37,16,100/- made under Section 69 of Income Tax Act, 1961, regarding unexplained bank cash deposits.
The ITAT Visakhapatnam ruled that protective additions made in reassessment proceedings are invalid because they did not co-exist with a substantive addition for the same assessment year. The Tribunal held that a protective assessment cannot stand in isolation and cannot be based on mere suspicion to keep a hypothetical option open for the Revenue.
ITAT Visakhapatnam held that addition made by application of provisions of section 50C of the Income Tax Act justifiable since SRO rates rightly adopted in absence of any objection from assessee company.
ITAT Visakhapatnam upholds additions for demonetisation deposits but rules tax under section 115BBE for AY 2017-18 should apply at 30% instead of 60%.
