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Section 69A Addition Deleted Because Cross-Examination of Third-Party Witness Was Denied

Income Tax : ITAT Mumbai held that an addition under Section 69A cannot be sustained when the assessee is denied the opportunity to cross-exami...

May 13, 2026 615 Views 0 comment Print


Latest Judiciary


Section 56(2)(x) Not Attracted if Property Purchase Agreement Predates the Provision – Excess Tax Paid by Mistake Eligible for Refund

Income Tax : ITAT Mumbai remanded the case to examine whether Section 56(2)(x) applied based on the agreement date and to consider refund of ex...

July 6, 2026 330 Views 0 comment Print

1439-day delay in Filing Appeal Condoned & Matter Remanded for Fresh Assessment: ITAT Kolkata

Income Tax : ITAT Kolkata condoned appeal delay, set aside the CIT(A)'s order, and remanded the assessment for fresh adjudication after grantin...

July 5, 2026 255 Views 0 comment Print

50-Year Lease Not a Transfer U/s. 2(47)(vi) Without Transfer Arrangement: ITAT Nagpur

Income Tax : ITAT Nagpur held that a 50-year lease is not a transfer under Section 2(47)(vi) where the transaction is only a lease and not an a...

July 5, 2026 111 Views 0 comment Print

Section 10(10B) Exemption for BSNL VRS Compensation Allowed: ITAT Ahmedabad

Income Tax : ITAT Ahmedabad allowed Section 10(10B) exemption on BSNL VRS compensation, following coordinate bench rulings despite no claim in ...

July 5, 2026 135 Views 0 comment Print

Assessment Order Passed on Deceased Person Is Nullity in Law: ITAT Ahmedabad

Income Tax : ITAT held an assessment passed after the taxpayer's death was invalid in law, quashed the order, and treated all remaining issues ...

July 4, 2026 162 Views 0 comment Print


Reassessment Quashed: Penny-Stock Gains Fully Disclosed, No Evidence of Bogus Deals

December 1, 2025 924 Views 0 comment Print

The Tribunal ruled that additions based on third-party search without giving the assessee a chance to examine evidence violated natural justice, deleting ₹2.04 Cr and ₹64.11 Lakh for AY 2018-19 & 2019-20.

AO’s Suspicion Not Evidence: Section 68 not Apply to Opening Balances

November 30, 2025 1287 Views 0 comment Print

Commission payments to agents were held genuine for AY 2013-14 and 2014-15. Tribunal directed deletion of disallowances as payments were backed by bank records, TDS, and recipient confirmations.

ITAT Delhi Rejects Bogus-Loan Charge; Lenders’ Creditworthiness Proven—SFIO Clean Report Saves Assessee

November 29, 2025 588 Views 0 comment Print

ITAT Mumbai confirmed loans from Hallow Securities and Dhankalash were genuine, rejecting Revenue’s allegations of shell-company loans. Interest claimed on these loans was also allowed. The ruling highlights the importance of corroborative evidence in section 68 assessments.

Reassessment Quashed for Pure Change of Opinion

November 29, 2025 357 Views 0 comment Print

The Tribunal held that reopening the assessment on the same grounds already examined in the original scrutiny amounted to an impermissible change of opinion. With no new material on record, the reassessment was found invalid. The ruling reinforces that the AO cannot revisit an earlier view in the guise of section 147 proceedings.

Section 148 Reassessment Cannot Be Initiated Against Deceased ITAT Delhi

November 29, 2025 756 Views 0 comment Print

The ITAT held that reassessment notices under section 148 issued to a deceased person are invalid, emphasizing that such notices cannot confer jurisdiction and proceedings are void ab initio.

Incentives for Market Expansion Are Capital, Not Income u/s 2(24)(xviii)

November 29, 2025 528 Views 0 comment Print

Tribunal held that MEIS/MLFPS rewards are capital receipts, not income under sections 2(24)(xviii) or 28. The ruling confirms that export-linked duty scrip sales are non-taxable when meant for market expansion.

Reassessment Quashed for Issuing Section 148 Notice Beyond “Surviving Period”

November 29, 2025 465 Views 0 comment Print

The ITAT annulled the entire reassessment because the Section 148 notice was issued after the Supreme Court–mandated surviving-period cutoff. The ruling confirms that any notice beyond this timeline is void ab initio.

ITAT Strikes Down 153C Order for Copy-Paste Satisfaction Without Application of Mind

November 29, 2025 654 Views 0 comment Print

The ITAT ruled that a vague, copy-paste satisfaction note cannot confer valid jurisdiction under Section 153C. Since no specific seized documents were identified, the entire assessment was struck down.

Suo-Motu 14A Disallowance Upheld as Own Funds Exceed Investments

November 29, 2025 366 Views 0 comment Print

The Tribunal found that the assessee’s net worth was substantially higher than the value of its investments, creating a presumption that investments were made from own funds. As no interest expenditure was linked to exempt income, the AO’s disallowance under Section 14A was held unsustainable.

ITAT Rejects Appeal Due to 115-Day Delay Despite Jurisdictional Challenge to u/s 148 Notice

November 29, 2025 339 Views 0 comment Print

The Tribunal held that the assessee failed to show sufficient cause for a long delay, noting negligence and absence of due care. late appeals require concrete justification, not assumptions or later legal advice.

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