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Section 250

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Bogus Purchase Addition Limited to Profit Element Due to Accepted Sales: ITAT Mumbai

Income Tax : ITAT held that where sales are not disputed, entire purchases cannot be disallowed. Only 15% profit element was taxed, reinforcing...

April 18, 2026 315 Views 0 comment Print

Reopening on Change of Opinion Invalid: ITAT Quashes Entire Assessment

Income Tax : The Tribunal quashed reassessment proceedings as they were based on a mere change of opinion without any fresh tangible material. ...

April 18, 2026 57 Views 0 comment Print

Mass Relief on 234E Fees: ITAT Deletes Levy for Pre-01.06.2015 Period

Income Tax : The issue involved levy of late fees on TDS returns processed before statutory amendment. The Tribunal held that absence of enabli...

April 18, 2026 66 Views 0 comment Print

DVO Valuation Without Notice Invalid: Matter Remanded for Fresh Determination

Income Tax : The Tribunal held that valuation without giving the assessee an opportunity to object violates natural justice. It remanded the ma...

April 18, 2026 39 Views 0 comment Print

Section 68 Additions Fail: Documentary Evidence Cannot Be Ignored Without Enquiry

Income Tax : The Tribunal condoned delay due to reasonable cause and addressed valuation mismatch. It remanded the issue for DVO-based reassess...

April 18, 2026 147 Views 0 comment Print


Initial Onus Discharged, ₹71.23 Lakh Section 69A Burden Shifts to Revenue

December 20, 2025 288 Views 0 comment Print

The case involved reassessment based on alleged cash payment for property. The Tribunal held that basic fact-checking is mandatory before confirming a ₹71.23 lakh addition under Section 69A.

Additions based on BUP IDs, internal identifiers and presumptive opening deposits are not sustainable

December 20, 2025 516 Views 0 comment Print

ITAT Mumbai held that additions made on substantive and protective basis merely on the strength of BUP IDs, internal identifiers, and presumptive opening deposits are unsustainable. Accordingly, appeal of revenue dismissed.

1918-Day Delay Condoned; No Penalty on Excess Section 54F/54B Claim

December 19, 2025 456 Views 0 comment Print

The Tribunal examined whether penalty could be levied for claiming excess deduction under sections 54F and 54B. It held that an inadvertent and promptly corrected mistake does not amount to concealment or furnishing inaccurate particulars.

Seller’s Settlement Admission Can’t Implicate Buyer: On-Money Addition Deleted

December 19, 2025 534 Views 0 comment Print

ITAT held that on-money admitted by a seller before the Settlement Commission cannot be presumed against the purchaser without independent evidence. In absence of any seized material or proof of cash payment, the addition u/s 69 was deleted.

Appeals Restored After Delay Condoned Due to Consultant Lapse

December 19, 2025 240 Views 0 comment Print

The issue was whether appeals dismissed as time-barred should be revived when delay was caused by a tax consultant. The Tribunal condoned the delay and restored the cases for merits-based adjudication.

Chronic Delay Condoned with Cost: Appeals Revived & Remanded for Decision on Merits

December 19, 2025 213 Views 0 comment Print

The appeals were dismissed solely due to delay without examining merits. The Tribunal held that substantive justice requires condonation, though costs may be imposed for repeated defaults.

Partner’s Capital Introduction Cannot Be Taxed in Firm’s Hands – Section 68 Addition Deleted

December 19, 2025 828 Views 0 comment Print

The issue was whether partners’ capital contributions could be taxed as unexplained cash credits in the firm’s hands. The ITAT ruled that once partners are identified and capital intro-duction is proved, section 68 cannot be applied to the firm.

No Automatic TDS Liability on EDC Payments Without Proper Fact Finding

December 19, 2025 792 Views 0 comment Print

The Tribunal examined whether non-deduction of TDS on External Development Charges justified treating the payer as an assessee-in-default. It held that the Assessing Officer must first verify whether the payee has already paid tax, as mandated by the proviso to section 201(1).

NFAC Order Quashed for Failing to Decide Appeal on Merits

December 19, 2025 663 Views 0 comment Print

The Tribunal ruled that an appellate authority cannot dismiss an appeal solely for non-compliance and must decide it on merits, leading to remand for fresh assessment.

ITAT Mumbai Deletes Section 41(1) Addition Where Liability Not Ceased

December 19, 2025 549 Views 0 comment Print

The Tribunal ruled that a creditor’s write-off alone cannot trigger section 41(1) taxation. The assessee’s liability persisted in its books, and the ₹10.23 crore addition was deleted.

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