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ITAT Mumbai

Penalty on Deceased Assessee Void, Section 271AAC Order Quashed: ITAT Mumbai

January 27, 2026 1293 Views 0 comment Print

The Tribunal held that a penalty order issued after the death of the assessee is void ab initio. Since notices were not served on legal heirs, the penalty under section 271AAC was set aside.

Suspicion Cannot Replace Evidence, Ad-Hoc Commission Addition Partly Set Aside

January 27, 2026 519 Views 0 comment Print

The Tribunal held that additions based solely on third-party GST information and suspicion cannot be sustained without independent investigation, restricting estimation to 1% of sales.

Redevelopment Compensation is Capital Receipt, Not Taxable as Income: ITAT Mumbai

January 27, 2026 2058 Views 0 comment Print

The Tribunal ruled that compensation and hardship allowance received during redevelopment are capital receipts and cannot be taxed as income from other sources.

Direct ITAT Appeal Rejected Due to Failure to Approach DRP

January 27, 2026 468 Views 0 comment Print

The Tribunal held that when an eligible assessee fails to file objections before the DRP within time, a direct appeal to the Tribunal is barred. Non-compliance with section 144C renders the appeal non-maintainable.

Long-Term Capital Loss on Group Share Sale Allowed: ITAT Mumbai Upholds ₹183 Cr LTCL

January 27, 2026 345 Views 0 comment Print

Extensive remand proceedings confirmed the genuineness of share transactions and valuation. The Tribunal ruled that once evidence is verified and no defect is found, LTCL cannot be disallowed.

ITAT Mumbai Rejects Section 68 Additions on Alleged Circular Loans

January 27, 2026 729 Views 0 comment Print

Additions based on third-party statements alleging circular trading were rejected as they did not refer to the assessee or show any cash trail. The ruling underscores that suspicion cannot replace evidence.

Only Profit Element Taxable in Bogus Purchase Cases: ITAT Mumbai

January 27, 2026 654 Views 0 comment Print

The Tribunal held that when sales are undisputed, entire purchases cannot be disallowed and only the embedded profit can be taxed, upholding a 20% addition.

Section 80G Renewal Cannot Be Denied for Curable Defects or Proposed Object-Clause Amendment

January 27, 2026 489 Views 0 comment Print

It was held that a proposed object-clause amendment cannot justify outright rejection of 80G renewal. What matters is actual application of funds, not a removable clause in the trust deed.

ITAT Mumbai Deleted Section 68 Addition for Proven Identity & Creditworthiness of Lenders

January 27, 2026 1167 Views 0 comment Print

Tribunal held that unsecured loans cannot be treated as unexplained where confirmations, bank statements, and tax returns establish identity, creditworthiness and genuineness through banking channels.

Cash Found in Search Taxable in Company’s Hands, Not Director’s: ITAT Mumbai

January 27, 2026 753 Views 0 comment Print

The Tribunal emphasized that the assessee had no individual business in electronic goods. In the absence of incriminating material and with sales recorded by the company, the addition was deleted.

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