Income Tax : ITAT Mumbai held that an addition under Section 69A cannot be sustained when the assessee is denied the opportunity to cross-exami...
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...
Income Tax : ITAT Kolkata condoned appeal delay, set aside the CIT(A)'s order, and remanded the assessment for fresh adjudication after grantin...
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...
Income Tax : ITAT Ahmedabad allowed Section 10(10B) exemption on BSNL VRS compensation, following coordinate bench rulings despite no claim in ...
Income Tax : ITAT held an assessment passed after the taxpayer's death was invalid in law, quashed the order, and treated all remaining issues ...
The ITAT Amritsar remanded a case involving denial of section 54B exemption where the assessee relied on Girdawari records to prove agricultural use of land. The Tribunal directed fresh verification of land records after finding disputes regarding cultivation entries in revenue documents.
ITAT Chandigarh held that exemption under Section 54F cannot be denied merely because the assessee failed to deposit unutilised funds in the Capital Gain Account Scheme before the due date under Section 139(1). The Tribunal ruled that actual investment in a residential house within the prescribed period amounted to substantive compliance deserving liberal interpretation.
ITAT Mumbai held that an addition under Section 69A cannot be sustained when the assessee is denied the opportunity to cross-examine the person whose statement forms the basis of the assessment. The Tribunal ruled that reliance on such untested statements violates principles of natural justice and renders the addition legally unsustainable.
The Tribunal ruled that CPC’s application of a 30% tax rate merely due to absence of turnover disclosure in the return form could not override the concessional rate provided by law.
Pune ITAT held that once the Assessing Officer accepted the explanation for cash deposits, reassessment could not continue on a completely new issue without issuing a fresh notice under Section 148.
Bangalore ITAT held that interest earned on statutory SLR and fluid resource deposits maintained under the Karnataka Co-operative Societies Act qualifies for deduction under Section 80P(2)(a)(i).
ITAT Mumbai held that addition under Section 69A could not survive when based solely on a third-party statement without granting cross-examination. The Tribunal ruled that denial of cross-examination violated principles of natural justice.
The Bombay High Court held that reassessment proceedings became time-barred because no reassessment order was passed within the limitation period prescribed under Section 153. The Court ruled that procedural remand directions did not extend limitation under Section 153(6).
The ITAT Kolkata held that delayed filing of Form No. 67 is only a procedural defect and cannot deprive an assessee of Foreign Tax Credit under Section 90 and the India-USA DTAA.
ITAT Delhi held that MAT provisions under Section 115JB cannot apply once a company validly opts for concessional taxation under Section 115BAA. The Tribunal also relied on consistency as the department had accepted the option in earlier years.
