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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


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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


ITAT Condones 3.5-Year Appeal Delay, Cites Supreme Court’s COVID-19 Extension

October 21, 2025 774 Views 0 comment Print

ITAT Agra condones a 3-year, 5-month delay in a non-profit’s tax appeal, applying the Supreme Court’s COVID-19 limitation exclusion. The appeal is restored for a decision on merits.

ITAT Mumbai Nullifies Reassessment Due to Approval from PCIT Instead of PCCIT After 3 Years

October 21, 2025 669 Views 0 comment Print

The ITAT Mumbai set aside a reassessment for A.Y. 2017-18, ruling that the mandatory prior approval for a notice issued after three years must come from the PCCIT, not the PCIT. Citing Bombay HC precedents, the Tribunal deemed the order a legal nullity.

ITAT Mumbai Remands Bad Debt Disallowance for Fresh Verification U/s. 36(1)(vii)

October 21, 2025 426 Views 0 comment Print

Tribunal held that CIT(A) deleted bad debt disallowance without verifying Section 36(2) compliance. Case remanded to AO for fresh adjudication after granting assessee fair opportunity.

ITAT Restores ₹34.45 Cr Addition Case to AO for Verification of Creditor Liabilities

October 21, 2025 414 Views 0 comment Print

The ITAT Agra set aside the addition of ₹34.45 crore under Section 41(1) against Ginni Filaments, ruling that the evidence (creditor confirmations, invoices, and payment proof) must first be verified by the AO.

ITAT Nagpur Remands Case for Fresh Examination of Evidence on Unexplained Investment

October 21, 2025 519 Views 0 comment Print

The Tribunal sent the case back to the Assessing Officer after finding that documents proving investment sources and expenses were not examined earlier. Matter remanded for fresh adjudication after affording hearing.

ITAT Remands Unexplained Money Case to CIT(A) After Non-Appearance due to Miscommunication

October 21, 2025 393 Views 0 comment Print

Nagpur ITAT remanded Vijay Peshane’s appeal to the CIT(A) for fresh review of addition under Section 6a9A. The assessee claimed miscommunication led to a failure to appear before the appellate authority.

Bogus Sales: CIT(A) Must Pass Speaking Order Even If Assessee Fails to Appear – ITAT Agra

October 21, 2025 579 Views 0 comment Print

Agra ITAT remands A.Y. 2018-19 bogus sales addition case to CIT(A), holding ex parte dismissal without merits discussion violates Section 250(6) and natural justice.

ITAT Sets Aside Ex-Parte Order for Lack of Reasoned Findings by CIT(A)

October 21, 2025 807 Views 0 comment Print

The ITAT Agra set aside an ex-parte order dismissing a tax appeal, ruling that the CIT(A) must adhere to Section 250(6) by providing a reasoned order on the merits of the additions, even if the assessee is non-cooperative.

ITAT Restores Appeal for Failure to Examine Client Code Modification Facts

October 20, 2025 495 Views 0 comment Print

ITAT Ahmedabad restored a case where the CIT(A) upheld a major loss disallowance stemming from client code modification (CCM) without proper hearing. The Tribunal found the CIT(A) failed to consider that the addition was based on unsubstantiated claims from a report, directing a fresh hearing to examine evidence of genuine trading.

Cash Deposits Already Covered Under Presumptive Income u/s 44AD – No 69A Addition

October 20, 2025 2040 Views 0 comment Print

ITAT Rajkot confirmed that for a small trader opting for Section 44AD, the presumptive income covers the cash deposits related to the business cycle, making any separate addition for unexplained money (Section 69A) unjustifiable. The entire addition was deleted as the tax authorities acted on mere suspicion without bringing any contrary evidence to disprove the business nature of the deposits.

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