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Section 250

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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 318 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 234 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 108 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 123 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


Share Capital Call-Money ₹2.10 Cr Deletion u/s 68; ITAT Upholds Genuineness

November 24, 2025 450 Views 0 comment Print

ITAT Delhi deletes ₹2.10 Cr addition u/s 68 for share call-money; statements not supplied or cross-examined. Identity, creditworthiness & genuineness of subscribers proven; ad-hoc disallowance also deleted.

Penalty u/s 271(1)(c) Cannot Survive When Quantum Itself Is Remanded

November 24, 2025 1335 Views 0 comment Print

 ITAT held that penalty under Section 271(1)(c) cannot survive when the underlying addition is remanded, directing the AO to re-decide the penalty after the quantum order is finalized.

AO Cannot Replace DCF with NAV Simply Due to Projection Variances

November 24, 2025 516 Views 0 comment Print

The case examined whether the tax officer was justified in rejecting the assessee’s DCF-based share valuation under Section 56(2)(viib). The Tribunal held that once DCF is chosen, the AO cannot switch to NAV merely because subsequent financials differ from projections

Deduction u/s 80-O was allowable on Overseas Advisory Services rendered from India

November 24, 2025 555 Views 0 comment Print

Professional and technical advisory services rendered from India to foreign clients in connection with overseas securities offerings qualify for deduction under Section 80-O as there was coordinate Bench’s decision in the assessee’s own case for AY 1995-96

Set-Off of LTCL & STCL Against LTCG Cannot Be Denied Merely Because Tax Rates Differ

November 23, 2025 3741 Views 0 comment Print

ITAT Delhi permits set-off of brought forward long-term and current year short-term capital losses against long-term capital gains, overruling CPC and CIT(A).

ITAT Upholds 14A Satisfaction but Limits Rule 8D to Dividend Investments

November 22, 2025 501 Views 0 comment Print

The Tribunal directed AO to compute Section 14A disallowance only for investments generating exempt income, following Rule 8D. The decision reinforces the need for precise calculation of disallowances against exempt income.

ITAT Remands CIT(A) Order for Non-Speaking Decision on 54/54F & Net Consideration

November 22, 2025 954 Views 0 comment Print

Tribunal found the appellate order non-speaking, failing to consider multiple submissions including 54F claims and compensation deductions. The matter is remanded for comprehensive review and proper opportunity of hearing.

ITAT Restores Appeal After NFAC Rejected Rectification Due to Portal Visibility Error

November 22, 2025 624 Views 0 comment Print

CIT(A) wrongly rejected the assessee’s rectification petition under section 154 despite portal evidence. ITAT restored the appeal for fresh adjudication with full opportunity to submit evidence.

ITAT Orders AO to Examine Additional Section 54B Claim Omitted in Return

November 22, 2025 369 Views 0 comment Print

ITAT rules that an additional 54B claim omitted in the original return cannot be mechanically rejected. AO must examine the claim on merits, verifying capital gains utilisation and statutory conditions.

Appeal Restored as Email Mismatch Led to Non-Compliance and Ex-Parte CIT(A) Order

November 22, 2025 237 Views 0 comment Print

ITAT Ahmedabad set aside the ex-parte CIT(A) order where notices were sent to a wrong email ID, causing non-receipt by the assessee. The matter, including Sec.69A addition and denial of cross-examination, was remitted to CIT(A) for fresh adjudication on merits.

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