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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 240 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


CIT(A) Cannot Enhance Income in Section 143(1) Appeal Beyond TDS Credit Issue: ITAT Mumbai

March 21, 2026 756 Views 0 comment Print

The Tribunal held that the appellate authority cannot go beyond the issue of TDS credit in a section 143(1) appeal. By directing taxation of entire salary, it effectively enhanced income without proper jurisdiction. The matter was remanded for fresh examination.

REC Income Not Eligible for 10% Tax Rate as It Does Not Meet Definition of Carbon Credits: ITAT Hyderabad

March 21, 2026 585 Views 0 comment Print

The tribunal held that Renewable Energy Certificates are distinct from carbon credits under Section 115BBG and must be taxed at normal rates. The ruling emphasizes strict interpretation of concessional tax provisions.

Surplus Income Does Not Deny Education Exemption if Institution Exists Solely for Educational Purpose

March 21, 2026 399 Views 0 comment Print

The tribunal held that government support includes capital grants, land, and infrastructure, not just recurring funding. This broader interpretation justified exemption eligibility.

Interest on Bank Deposits to Co-op Society is Business Income Due to Statutory Requirement: ITAT Pune

March 21, 2026 600 Views 0 comment Print

The Tribunal ruled that interest earned from mandatory bank deposits by a co-operative credit society qualifies as business income and is eligible for deduction under Section 80P.

ITAT Bangalore Deletes Agri Income Addition; Dismissal Invalid

March 21, 2026 576 Views 0 comment Print

The case involved estimated addition on agricultural income and dismissal of appeal for non-prosecution. ITAT held such dismissal invalid and ruled that arbitrary estimation without evidence cannot sustain.

ITAT Bangalore remands addition U/s 69A on alleged bogus agricultural income; directs fresh verification of evidence

March 21, 2026 867 Views 0 comment Print

The dispute concerned alleged bogus agricultural income taxed as unexplained money under Section 69A. The Tribunal set aside the addition and directed the AO to re-examine evidence before reaching a conclusion.

ITAT Mumbai rejects 8% estimation for non-audit u/s 44AB; adopts 2.5% profit based on assessee’s offer

March 21, 2026 9609 Views 0 comment Print

The case examined if failure to conduct audit permits arbitrary profit estimation. The ITAT ruled that absence of audit alone cannot justify 8% estimation when books are maintained and not rejected.

Deduction u/s. 80G not deniable merely because payment forms part of CSR expenditure

March 21, 2026 1197 Views 0 comment Print

ITAT Mumbai held that deduction claimed by the assessee under section 80G of the Income Tax Act cannot be denied merely on the ground that the payment also formed part of CSR expenditure under the Companies Act.

Flat Received on Tenancy Surrender Not Taxable U/s. 56(2)(x) & Section 54F Exemption allowed

March 20, 2026 1731 Views 0 comment Print

The Tribunal held that tenancy supported by rent receipts, bills, and agreements cannot be treated as a sham. It upheld exemption under Section 54F on surrender of tenancy rights.

On-Money Addition Deleted; Third Party Excel Statement Not Enough Without Proof

March 19, 2026 1206 Views 0 comment Print

The Tribunal held that additions cannot be sustained merely on third-party Excel sheets and statements. It ruled that absence of independent evidence and denial of cross-examination renders such additions invalid.

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