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ITAT Visakhapatnam

Conflicting HC Rulings: ITAT Adopts Assessee-Friendly View on Section 115BBE

September 23, 2025 927 Views 0 comment Print

The ITAT Visakhapatnam has partly allowed the appeal of Vallabhai Patel Kottapalli, an agriculturist, by restricting the tax rate on an unexplained cash deposit to 30% in-stead of 60%.

Sale of property to trustee at market value not violates Section 13(1)

September 23, 2025 435 Views 0 comment Print

The ITAT Visakhapatnam allowed a trust’s appeal, restoring its Section 11 exemption. The sale of property to a trustee at market value was not a violation of Section 13, as no undue benefit was conferred.

Government Certificate Prevails Over AO’s Assumptions in Nursery Income Estimation Case

September 23, 2025 342 Views 0 comment Print

The ITAT Vizag partly allowed a nursery operator’s appeal, accepting a government-certified income of ₹1 lakh per acre over the AO’s arbitrary estimate. The ruling confirms that nursery income differs from regular agricultural income.

ITAT Restores MLA’s Appeal – Auditor’s Death & Political Duties Held Valid Cause for Delay

September 23, 2025 318 Views 0 comment Print

The ITAT Visakhapatnam condoned a 284-day delay and restored the appeal of an MLA whose auditor had passed away. The tribunal ruled that the CIT(A) was wrong to dismiss the case for non-prosecution and must adjudicate on the merits.

ITAT Dismisses Appeal for Defects and Delay in Filing despite 10 chances

September 23, 2025 585 Views 0 comment Print

The ITAT Visakhapatnam dismissed an appeal due to persistent defects. The ruling high-lights that failing to submit mandatory documents and fees can lead to an outright dismissal.

ITAT Visakhapatnam Grants Final Opportunity in Section 80P Deduction Dispute

September 23, 2025 219 Views 0 comment Print

The ITAT has granted a final opportunity to a cooperative society in a tax dispute, despite its repeated defaults, to ensure a fair hearing on the merits of the case.

CIT(A) cannot dismiss appeal for non-prosecution without disposing on merits

September 8, 2025 600 Views 0 comment Print

ITAT Vishakhapatnam held that dismissal of appeal by CIT(A) merely on account of non-prosecution by the assessee without disposing off on merits is not justifiable. Accordingly, order set aside and matter restored to CIT(A) for fresh adjudication.

CIT cannot reject Section 12AB Registration by non speaking & reasoned order

September 7, 2025 603 Views 0 comment Print

The Income Tax Appellate Tribunal in Visakhapatnam has set aside an order by the CIT(Exemptions) that denied permanent registration to Bethany Chapel, citing a lack of detailed reasons and violating the principles of natural justice.

Commission Agent Not Taxed on Principal’s Sales: ITAT Grants Full TDS Credit

September 4, 2025 2100 Views 0 comment Print

The ITAT Visakhapatnam ruled in favor of a commission agent, directing tax authorities to grant full TDS credit, reinforcing a key distinction between turnover and commission.

ITAT Visakhapatnam Grants Final Opportunity to Assessee on LTCG Adjustment

September 4, 2025 312 Views 0 comment Print

The ITAT has remanded the case of Shamrock Apparels to the CIT(A), granting a final opportunity to contest a ₹31.22 lakh adjustment to its Long-Term Capital Gains.

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