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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 327 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 249 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 129 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


Debatable Issues No Basis for Penalty Under Section 271(1)(c): ITAT Mumbai

November 8, 2025 963 Views 0 comment Print

The ITAT Mumbai dismissed the Revenue’s appeal, holding that penalty cannot be imposed where the assessee’s claim is based on a genuine interpretation of Section 44 and Rule 5 and involves a debatable issue.

Late Filing of Form 10B Valid if Before Assessment Completion: ITAT Mumbai

November 8, 2025 942 Views 0 comment Print

ITAT Mumbai held that delay in filing Form 10B does not invalidate a trust’s exemption claim if the form is submitted before assessment completion and the error is rectified.

ITAT Rajkot: Interest on Enhanced Compensation Forms Part of Land Value; ₹94.81 Lakh Addition Deleted

November 7, 2025 912 Views 0 comment Print

Rajkot ITAT deleted an addition of ₹94.81 lakh, holding that interest received under Section 28 of Land Acquisition Act is accretion to compensation, not interest taxable under Section 56(2)(viii). Since acquired land was rural agricultural land (not a capital asset), compensation, including Section 28 interest, is wholly exempt from tax.

Settlement payment towards patent disputes is allowable business deduction u/s. 37(1)

November 7, 2025 561 Views 0 comment Print

ITAT Ahmedabad held that settlement payments in relation to patent disputes are allowable as business deduction under section 37(1) of the Income Tax Act since the same is not a penalty for an offence or for a purpose prohibited by law.

Pune ITAT Allows Charitable Exemption Despite Delayed filing of Form 10B 

November 7, 2025 564 Views 0 comment Print

ITAT Pune ruled that the late filing of the Form 10B audit report is not fatal to the charitable trust exemption if filed before assessment completion. The court reversed the disallowance of application of income solely based on procedural delay.

Power of Attorney Holder Not Liable for Capital Gains: ITAT Rajkot

November 7, 2025 495 Views 0 comment Print

The ITAT Rajkot set aside the addition of ₹16.99 lakhs in Long Term Capital Gain (LTCG) against the assessee, who acted only as a Power of Attorney (POA) holder for the property sale. The Tribunal remitted the matter to the Assessing Officer for fresh adjudication, noting the assessee was not the property owner or seller.

Bogus Purchases Tax Limit: ITAT Restricts Addition to 3% Profit Element When Sales Are Accepted

November 7, 2025 783 Views 0 comment Print

The ITAT Mumbai affirmed that when a taxpayer’s sales and stock levels are accepted, the entire value of alleged bogus purchases cannot be disallowed. Following judicial consistency in cases involving the Bhanwarlal Jain Group, the Tribunal restricted the addition to only 3% of the disputed purchase value, representing the estimated profit element.

Delay in filing Form 10B could not be a ground to deny exemption u/s 11 & 12 when report was available before CPC order

November 6, 2025 1212 Views 0 comment Print

Since the Form 10B was filed along with the return of income and within the due date of filing the return of income, the delay in filing the Form 10B could not be a ground for denial of the exemptions under Sections 11 and 12.

PCIT rightly invoked revision u/s. 263 as trade scheme payment not verified accurately

November 6, 2025 369 Views 0 comment Print

ITAT Delhi held that trade scheme payment to sales promoters whether pure reimbursement or not needs proper verification and since AO granted relief without proper verification and application of mind, PCIT rightly invoked revisionary proceedings u/s. 263.

Rs.1.02 Cr Addition Deleted as Loan Was Genuine & Used for Business Repayment

November 6, 2025 297 Views 0 comment Print

The ITAT Ahmedabad deleted a Rs.1.02 crore addition made under Section 68, rejecting the AO’s claim that a loan was an accommodation entry. The Tribunal ruled the loan was a genuine business transaction, used specifically for repaying an existing business loan, establishing the required nexus and purpose.

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