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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 279 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 210 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 99 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 117 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 ITO Lacked Jurisdiction Under CBDT Instruction

June 25, 2026 474 Views 0 comment Print

The Tribunal held that the reassessment was invalid because the Income Tax Officer lacked jurisdiction under CBDT Instruction No. 1/2011. The assessment was quashed, making examination of the additions unnecessary.

Mere WhatsApp Chats Cannot Justify Year-Wide Production Addition: ITAT Ahmedabad

June 25, 2026 2148 Views 0 comment Print

ITAT Ahmedabad held that WhatsApp chats indicating suppressed production for one month could not be extrapolated to the entire financial year without corroborative material. The Tribunal restricted the addition to the profit element for a three-month period.

ITAT Remands Assessment as AO Rejected Mandatory Section 50C(2) DVO Reference

June 25, 2026 144 Views 0 comment Print

ITAT Kolkata held that the Assessing Officer was required to refer the property valuation to the DVO when the assessee disputed the value under Section 50C(2). The assessment was remanded for fresh adjudication after complying with the statutory provision.

Revenue Cannot Question Commercial Decision to Raise Funds Without Evidence: ITAT Delhi

June 25, 2026 240 Views 0 comment Print

Tribunal observed that it is for the businessman to decide how to organise business finances unless there is evidence of tax evasion. It deleted the Section 68 addition after finding that the assessee had adequately explained the source of funds.

Finance Lease Accounting Doesn’t Decide Tax Treatment as Ownership Remains With Lessor

June 25, 2026 165 Views 0 comment Print

ITAT held that Accounting Standard-19 governs accounting treatment but does not determine tax treatment under the Income-tax Act. It ruled that depreciation belongs to the legal owner while lease rentals remain deductible for the lessee.

ITAT Deletes Section 69A Addition as Cash Deposits Were Backed by Cash-in-Hand

June 25, 2026 252 Views 0 comment Print

The ITAT Surat held that cash deposited during demonetisation was sufficiently explained through opening cash-in-hand, prior bank withdrawals, and cash received from the deceased husband. It ruled that Section 69A addition could not be sustained merely on assumptions about human conduct.

ITAT Rejects Bogus LTCG Addition as No Independent Enquiry Was Conducted

June 25, 2026 162 Views 0 comment Print

ITAT Ahmedabad held that an addition under Section 68 cannot be sustained solely on information received from the Investigation Wing without independent enquiry or supporting evidence. The Tribunal upheld deletion of the addition after finding no direct link between the assessee and the alleged accommodation entries.

Section 80P Deduction Allowed on Interest Income Attributable to Credit Society’s Business

June 24, 2026 243 Views 0 comment Print

ITAT held that interest earned by a co-operative credit society from deposits with a co-operative bank remained attributable to its business of providing credit facilities. The deduction under Section 80P(2)(a) was therefore allowed.

Bangalore ITAT Upholds Section 11 Exemption Despite Alleged Capitation Fee Collections

June 24, 2026 180 Views 0 comment Print

Bangalore ITAT held that allegations of capitation fee collections could not justify denial of exemption under Sections 11 and 12 without proof of statutory violations. The Tribunal followed binding precedent in the assessee’s own case and upheld its charitable status.

ITAT Quashes Reassessment as Section 151 Approval Was Granted by Wrong Authority

June 24, 2026 282 Views 0 comment Print

ITAT Pune held that reassessment proceedings were invalid because the approval under Section 151 was granted by the Principal Commissioner instead of the competent authority prescribed by law. The notice under Section 148 and the order under Section 148A(d) were quashed.

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