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Income Tax : The department has identified high-risk cases through its Insight Portal for AYs 2022-25. It directs officers to initiate reassess...
Income Tax : ITAT Chandigarh held that ITO Ward-3(1), Chandigarh had no jurisdiction to issue notice to an NRI and hence consequently the asses...
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The ITAT held that reassessment issued after three years is void if approval is taken from an incompetent authority. Wrong sanction under section 151 renders the entire reopening unsustainable in law.
The ITAT ruled that section 69A cannot be invoked unless ownership of cash is established. Mere third-party seized ledgers without recovery of money are insufficient to sustain an addition.
The ITAT held that reassessment was invalid where notices and orders showed shifting facts and no independent reasoning. Changing bases across stages reflected a casual approach that vitiated jurisdiction.
The issue was whether reassessment and LTCG addition could rest solely on INSIGHT portal information. The ITAT held that without independent enquiry or corroborative material, such inputs cannot sustain reopening or additions. The key takeaway is that suspicion can-not substitute evidence.
The Tribunal examined whether an addition under section 153C could survive without seized material. It held that in an unabated year, additions are impermissible without incriminating evidence found during search, leading to deletion of the addition.
The Tribunal ruled that a creditor’s write-off alone cannot trigger section 41(1) taxation. The assessee’s liability persisted in its books, and the ₹10.23 crore addition was deleted.
ITAT Vishakhapatnam held that reopening notice u/s. 148 being issued beyond period of three years on the basis of approval u/s. 151(ii) of the Income Tax Act obtained from Pr. Commissioner of Income Tax [Pr. CIT] instead of Principal Chief Commissioner or Principal Director General is invalid and liable to be quashed.
Relying on the Supreme Court’s decision in Rajeev Bansal, the Tribunal noted that even the Revenue admitted TOLA does not cover AY 2015-16. Notices issued after the original limitation period were therefore invalid.
The Tribunal ruled that non-filing of returns, absence of audited books, and lack of donor details defeat the claim for exemption under Section 13A. Voluntary contributions thus became taxable, though Section 68 additions were set aside.
ITAT Delhi held that compliance with the statutory hierarchy under Section 151 is jurisdictional and non-negotiable. Any deviation renders the 148A(d) order, notice under Section 148, and subsequent assessment invalid.
