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Income Tax : ITAT Bangalore held that additions made in an intimation under Section 143(1) cannot be disputed in an appeal against a scrutiny a...
Income Tax : ITAT Delhi held legal services are not FTS under Section 9(1)(vii) and directed partner-wise DTAA examination. FTS addition was de...
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Income Tax : ITAT Surat held that delayed filing of Form 10B is a procedural lapse and remanded the matter after directing the AO to consider t...
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The issue involved a common sanction letter covering multiple assessees and years, issued on the same day the AO sought approval. ITAT found this composite approval inconsistent with judicial mandates requiring individualized scrutiny. As a result, the assessment was declared void ab initio, making all additions infructuous.
The Tribunal held that the AO’s rejection of books under Section 145(3) was unsustainable as no specific defects were identified. The ruling confirms that estimation of income cannot be based on assumptions when records are supported by documentation.
The Tribunal ruled that the AO erred in applying a 15% illiquidity discount on shares valued by the NAV method. SEBI MF guidelines and DCF-based precedents were deemed irrelevant. The assessee’s valuation was confirmed, and the Rs. 8.70 crore addition was nullified.
The Tribunal held that passing assessment orders after the statutory one-month period prescribed under Section 144C(13) is invalid. The assessee’s appeals were allowed, and both orders were set aside.
The Tribunal held that additions must be supported by actual evidence, not mere surmise from third-party statements. The assessee’s invoices and valuer reports disproved alleged cash payments, leading to complete deletion of additions.
The Tribunal observed that identity, creditworthiness, and genuineness were proven through confirmations, returns, and banking trails, and the AO failed to conduct enquiries under Sections 133(6) or 131. It also held that the ₹6.45 lakh loan difference belonged to past years, making the entire ₹22.45 lakh addition unsustainable.
Gujarat High Court held that reopening of assessment under section 148 of the Income Tax Act is mere change of opinion since there is no failure on part of assessee as to full and true disclosure. Accordingly, reassessment is liable to be quashed and set aside.
The Tribunal ruled that CSR expenses donated to recognized charitable institutions satisfy the conditions of Section 80G. It emphasized that statutory CSR obligations do not interfere with 80G eligibility and directed allowance of the deduction.
The Tribunal held that once purchases are proven bogus, the entire amount must be added back, rejecting the CIT(A)’s 8% profit estimation. The ruling confirms that unexplained expenditure cannot be allowed under section 69C.
The Court ruled that Section 148 notices issued by the local Assessing Officer, following orders under Section 148A(d), are legally valid. It rejected arguments that such notices must be issued facelessly under the 2022 Scheme. This establishes that notice issuance and faceless assessment are distinct processes.
