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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 312 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 225 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 159 Views 0 comment Print


Reassessment Quashed as Notice Beyond 3 Years Approved by Wrong Authority

April 3, 2026 876 Views 0 comment Print

ITAT held that reassessment initiated with approval from the wrong authority is invalid when issued beyond three years. The entire proceedings were quashed. The key takeaway is that proper sanction under Section 151 is mandatory.

8% Profit Estimate Cut to 3%: AO Ignored Books & Industry Reality

April 3, 2026 669 Views 0 comment Print

ITAT held that estimating profit at 8% without considering records was excessive. It reduced the rate to 3% based on business realities. The key takeaway is that estimation must be reasonable and evidence-based.

Delay Condoned for FTC Claim: Pursuing Rectification is Valid Cause

April 3, 2026 312 Views 0 comment Print

The Tribunal condoned a delay of 615 days after finding that the assessee was actively pursuing rectification remedies under Section 154. It held that such bona fide conduct constitutes sufficient cause and delay cannot be treated as negligence.

11-Year Delay Not Condoned: Mere Rectification Plea No Excuse

April 3, 2026 462 Views 0 comment Print

ITAT held that an unexplained delay of over 11 years cannot be condoned without valid reasons. The appeal was dismissed as no sufficient cause was proved.

FTC Cannot Be Denied for Late Form 67: Substantive Right Prevails

April 3, 2026 408 Views 0 comment Print

ITAT held that late filing of Form 67 is only a procedural lapse and not a ground to deny FTC. The matter was remanded for verification and grant of eligible credit.

Agricultural Land Capital Gain Addition Deleted in absence of development or trading intent

April 3, 2026 936 Views 0 comment Print

The issue involved denial of exemption on sale of agricultural land. The Tribunal held that the land met conditions of Section 2(14)(iii), making gains non-taxable. The case examined whether land sale constituted business income. The Tribunal ruled that absence of development or trading intent invalidated such classification.

Reassessment Fails When Original Reason Disappears – ITAT Chennai Quashes Entire Proceedings

April 2, 2026 1146 Views 0 comment Print

The issue was whether reassessment can survive when no addition is made on the stated reasons for reopening. The Tribunal held that such reassessment is invalid, and the AO cannot make unrelated additions.

Allotment Letter = Agreement-ITAT Grants 56(2)(x) Relief, Limits Addition to 50% Share

April 1, 2026 564 Views 0 comment Print

The tribunal set aside excessive addition by recognizing both the allotment agreement and joint ownership. It directed proportionate taxation and correct valuation basis. The ruling promotes fairness in assessments.

Section 50C Applies to Leasehold Rights; But Stamp Value to Follow Agreement Date-ITAT Grants Major Relief

April 1, 2026 381 Views 0 comment Print

The tribunal allowed adoption of stamp value as on the agreement date instead of registration. It held the proviso to Section 50C is retrospective as it removes hardship. This provides relief in cases of delayed registration.

No Shares, No Dividend-ITAT Holds Mandatory Transfer to Govt Not Liable for DDT

April 1, 2026 288 Views 0 comment Print

ITAT held that statutory transfer of funds to the government is not dividend under Section 2(22). Hence, dividend distribution tax under Section 115-O is not applicable.

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