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ITAT Mumbai

Reassessment Quashed for Failure to Dispose Objections Before Order: ITAT Mumbai

January 23, 2026 654 Views 0 comment Print

The issue was whether reassessment could survive when objections to reopening were ignored. The Tribunal ruled that non-disposal of objections violates mandatory procedure and renders the reassessment void ab initio.

Notice Invalid as Limitation Exhausted Despite Section 148A Process

January 23, 2026 1050 Views 0 comment Print

The case examined whether procedural compliance under section 148A could revive a time-barred reopening. It was held that procedural steps cannot resurrect jurisdiction lost by efflux of time.

Section 69 Cannot Be Invoked for Recorded Share Investments Merely for Premium Mismatch

January 23, 2026 2601 Views 0 comment Print

The issue was whether a recorded share investment can be treated as unexplained under Section 69. The Tribunal held that once an investment is recorded in the books and its source is not doubted, Section 69 cannot be invoked.

Survey Disclosure Accepted in Return Cannot Trigger Section 270A Penalty: ITAT Mumbai

January 23, 2026 693 Views 0 comment Print

The issue was whether income disclosed during survey and duly reported in the return can attract penalty under Section 270A. The Tribunal held that when returned income equals assessed income, penalty provisions do not apply.

Reassessment Addition Based Solely on Retracted Third-Party Statements Quashed: ITAT Mumbai

January 23, 2026 627 Views 0 comment Print

The reassessment relied entirely on allegations arising from a search on another entity. The Tribunal ruled that additions cannot survive without independent evidence directly linking the assessee.

Reassessment Quashed for Failure to Record Reasons Under Section 148: ITAT Mumbai

January 23, 2026 372 Views 0 comment Print

The issue was whether reassessment is valid when reasons for reopening are not placed on record. The Tribunal held that non-recording of reasons under Section 148(2) vitiates jurisdiction, rendering the reassessment void.

Penny Stock LTCG Held Genuine Despite Investigation Reports: ITAT Mumbai

January 22, 2026 6279 Views 0 comment Print

The tribunal held that suspicion, abnormal price rise, or third-party reports are insufficient to deny LTCG exemption. Revenue must establish direct involvement of the taxpayer in price rigging.

Capital Continuity Proved, ₹10.63 Crore Section 68 Addition Deleted

January 22, 2026 279 Views 0 comment Print

The issue was whether personal capital could be compared with partnership capital to infer unexplained credits. The Tribunal held the comparison flawed and upheld deletion of the Section 68 addition.

Bogus Share Deals: Section 68 Addition Limited to 2% Commission

January 22, 2026 543 Views 0 comment Print

ITAT ruled that principal amounts in accommodation share entries do not constitute income of a conduit entity. Taxability is restricted to the commission earned for facilitating such transactions.

Section 11(2) Accumulation Allowed Despite Vague Form 10: ITAT Mumbai

January 22, 2026 729 Views 0 comment Print

It was ruled that failure to specify an exact project in Form 10 is a technical lapse. Where the charitable objects and utilisation are evident, accumulation cannot be disallowed.

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