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Income Tax : Instruction No.1/2015 Clarification regarding applicability of section 143(1D) of the Income-tax Act, 1961- Vide Finance Act, 2012...
ITAT Hyderabad held that the assessment was barred by limitation under Section 153. Only the actual period lost during search proceedings could be excluded, not the full 180 days.
ITAT Lucknow held that additions under Section 68 in search cases cannot be made without incriminating material found during search. Penny stock LTCG additions were deleted and departmental appeals dismissed.
The Tribunal held that transfer took place in 2000 upon execution of a registered development agreement and receipt of full consideration, not in 2008 when the sale deed was executed.
The Tribunal held that notice under Section 143(2) issued by an ITO without jurisdiction under CBDT Instruction No. 1/2011 was invalid. The assessment was declared void ab initio, making the Revenue’s appeal infructuous.
The Tribunal held that the reassessment notice was time-barred under the Supreme Court ruling on surviving period. Notices issued beyond the permissible limit were declared invalid.
The Tribunal held that deposits received from members of a registered cooperative society cannot be treated as unexplained credits when supported by books and member-wise records.
ITAT Pune held that failure to deposit the entire amount in the Capital Gains Account Scheme does not defeat Section 54F claim if full investment is made within the stipulated period. The ruling follows Karnataka High Court precedent. The addition of ₹91.45 lakh was deleted.
The Tribunal held that failure of the Assessing Officer to verify genuineness of a ₹30 lakh donation under Section 80GGC rendered the assessment erroneous and prejudicial to revenue, justifying revision under Section 263.
The Tribunal remanded the disallowance of PF and ESI contributions to the CIT(A) to reconsider the issue in light of the Supreme Court’s decision in Checkmate Services. The appeal was allowed for statistical purposes to ensure consistent adjudication.
The assessees long-term capital gains claim was upheld as genuine. In absence of direct evidence linking the assessee to manipulation, the Section 68 addition was deleted.