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ITAT Mumbai

Suspicion Cannot Replace Proof in Labour Charges: ITAT Deleted Ad-Hoc Disallowance

April 1, 2026 765 Views 0 comment Print

The Tribunal held that ad hoc disallowance of labour expenses without concrete evidence is unsustainable. It ruled that suspicion alone cannot justify additions when proper documentation exists.

Clerical Error Can’t Inflate Tax-ITAT Orders Rectification of Double STCG Addition

April 1, 2026 471 Views 0 comment Print

The tribunal found that STCG may have been counted twice, inflating taxable income. It directed verification and recomputation by the Assessing Officer. The ruling highlights correction of computational errors.

U/s 153C Additions on Alleged On-Money Deleted – No Corroboration & No Cross-Examination

April 1, 2026 2826 Views 0 comment Print

The issue involved additions for alleged cash payments based on third-party data and statements. ITAT deleted the additions, holding that no independent evidence or cross-examination opportunity was provided.

Allotment Letter = Agreement-ITAT Grants 56(2)(x) Relief, Limits Addition to 50% Share

April 1, 2026 564 Views 0 comment Print

The tribunal set aside excessive addition by recognizing both the allotment agreement and joint ownership. It directed proportionate taxation and correct valuation basis. The ruling promotes fairness in assessments.

Section 50C Applies to Leasehold Rights; But Stamp Value to Follow Agreement Date-ITAT Grants Major Relief

April 1, 2026 381 Views 0 comment Print

The tribunal allowed adoption of stamp value as on the agreement date instead of registration. It held the proviso to Section 50C is retrospective as it removes hardship. This provides relief in cases of delayed registration.

Section 12AB & 80G Registration Cannot Be Denied for No Irrevocability Clause: ITAT Mumbai

April 1, 2026 492 Views 0 comment Print

ITAT held that absence of an explicit irrevocability or dissolution clause is not a valid ground to deny registration under Section 12AB. The ruling directs grant of registration and consequential 80G approval.

No Shares, No Dividend-ITAT Holds Mandatory Transfer to Govt Not Liable for DDT

April 1, 2026 288 Views 0 comment Print

ITAT held that statutory transfer of funds to the government is not dividend under Section 2(22). Hence, dividend distribution tax under Section 115-O is not applicable.

Wrong Approval Authority = Entire Reassessment Void; ITAT Quashes 148 Proceedings

April 1, 2026 651 Views 0 comment Print

ITAT held reassessment invalid due to approval taken from an incorrect authority under Section 151. The ruling confirms that improper sanction makes the entire proceeding void ab initio.

Technical Dismissal Upheld but ITAT Orders Fresh Review After 26AS Correction

April 1, 2026 381 Views 0 comment Print

The Tribunal upheld dismissal of appeal for non-payment of tax under Section 249(4)(b). However, it remanded the case after finding that the addition based on Form 26AS may be incorrect.

ITAT Remands ₹16.03 Cr Share Premium Addition Case for Denial of Proper Hearing  

April 1, 2026 3717 Views 0 comment Print

The Tribunal held that the assessee was not given adequate opportunity to present evidence. The matter was remanded for fresh adjudication considering additional documents.

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