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ITAT Pune

Scope of 12AA Is Limited: Tribunal Quashes Rejection Based on Vehicle Use and Capitation Fee Claims

December 4, 2025 471 Views 0 comment Print

The Tribunal held that issues like capitation fee or misuse of funds are assessment matters, not grounds for denying registration under Section 12AA. The ruling confirms that the Commissioner must limit inquiry to objects and genuineness of activities.

Recalled Case Ends Against Assessee as PF/ESI Delay Proves Fatal

December 3, 2025 438 Views 0 comment Print

Tribunal relied on Supreme Court’s Checkmate ruling to uphold disallowance of delayed employees’ PF/ESI contribution under Section 143(1), dismissing the HUF’s appeal.

193-Day Delay Condoned: ITAT Says Don’t Deny Merits to Rural Assessee

December 3, 2025 384 Views 0 comment Print

The Tribunal allowed a 193-day delayed appeal, emphasizing that non-deliberate delay should not bar hearing on merits. The assessee can now present his case and have the appeal adjudicated substantively.

ITAT Quashes ₹1 Cr Addition Under Section 148 on Penny Stock LTCG

December 3, 2025 423 Views 0 comment Print

Assessee proved long-term capital gains of ₹1 crore from Mishkafin Finance shares via broker notes, bank statements, and STT-paid transactions. Addition under section 69A was deleted due to lack of evidence.

PAN Mismatch Is Not Enough: Tribunal Orders Verification Before Treating Bank Deposits as Unexplained

December 3, 2025 324 Views 0 comment Print

ITAT holds that ignoring a valid online reply and supporting records vitiates reassessment; AO must first verify whether deposits were already in books before taxing. Key takeaway: non-consideration of evidence makes additions unsustainable.

No addition for Demonitization Cash deposit when books not rejected: ITAT Pune

December 2, 2025 651 Views 0 comment Print

ITAT Pune ruled that cash deposits during the demonetization period were in Rs. 100 and Rs. 2,000 notes, reversing prior additions made under section 68.

Appeal Restored After 148-Day Delay Because CIT(A) Failed to Decide Merits

December 2, 2025 540 Views 0 comment Print

The Tribunal condoned the delay and held that the appeal could not be dismissed in limine. CIT(A) must issue a reasoned order on merits under Section 250(6).

ITAT Ensures Correct Tax Rate for Companies Claiming u/s 115BA Benefit

December 2, 2025 453 Views 0 comment Print

The Tribunal directed the Assessing Officer to verify the assessee’s turnover before applying corporate tax. If turnover for FY 2018-19 is under ₹400 crore, the tax rate must be computed at 25% instead of 30%.

Agricultural Income Claim Needs Fresh Look: ITAT Pune Restores Cash Deposit Case to AO

December 2, 2025 492 Views 0 comment Print

The Tribunal allowed the appeal for AY 2010-11, noting that AO failed to verify agricultural income and bank deposits properly. CIT(A) also overlooked key evidence. The case is remitted for fresh assessment to ensure proper scrutiny.

Appeal Revived Because CIT(A) Ignored Supreme Court’s Limitation Extension

December 2, 2025 423 Views 0 comment Print

Tribunal held that CIT(A) erred in rejecting the appeal despite Supreme Court–mandated limitation extensions. COVID-19–related delays must be liberally condoned when reasonable cause is shown.

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