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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 333 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 72 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 69 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


Section 11 Exemption Cannot Be Denied for Late Form 10B – Delay Held Procedural

December 4, 2025 429 Views 0 comment Print

ITAT Kolkata ruled that belated filing of Form 10B is only a technical defect and cannot justify denial of charitable exemption. The Tribunal restored Section 11 benefits after confirming compliance in substance.

Surmises, Patterns Kolkata Report Cannot Override Evidence – Penny Stock Addition u/s 68 Scrapped

December 3, 2025 744 Views 0 comment Print

The Income Tax authorities treated LTCG from Kappac Pharma shares as unexplained cash credit. The Tribunal confirmed the transactions were genuine, supported by demat and broker records. The addition under Section 68 and related commission expenses were deleted.

Form No. 26AS Not Equal to Turnover: Penalty u/s 271B Deleted for ₹1.11 Cr

December 3, 2025 1386 Views 0 comment Print

ITAT Rajkot held that cash reflected in 26AS represents pass-through freight receipts, not actual turnover. Commission income below the audit threshold, hence tax audit under section 44AB was not required and penalty u/s 271B deleted.

Section 144 Assessment Partly Modified: 8% Reduced to 6% NP on ₹1.99 Cr

December 3, 2025 228 Views 0 comment Print

ITAT partly allowed appeal against additions under section 144, applying 6% net profit instead of AO’s 8% on total cash deposits. Returned income under section 44AD was deducted, and normal tax rates applied instead of section 115BBE.

Delayed Form 10B Filing Not Fatal: ITAT Remands Exemption Case

December 3, 2025 585 Views 0 comment Print

ITAT held that late filing of Form 10B cannot automatically deny exemption when the delay is bona fide and curable. The matter was remanded for fresh examination after recognising that Form 10B is a procedural requirement.

No addition for Demonitization Cash deposit when books not rejected: ITAT Pune

December 2, 2025 651 Views 0 comment Print

ITAT Pune ruled that cash deposits during the demonetization period were in Rs. 100 and Rs. 2,000 notes, reversing prior additions made under section 68.

Agricultural Income Claim Needs Fresh Look: ITAT Pune Restores Cash Deposit Case to AO

December 2, 2025 492 Views 0 comment Print

The Tribunal allowed the appeal for AY 2010-11, noting that AO failed to verify agricultural income and bank deposits properly. CIT(A) also overlooked key evidence. The case is remitted for fresh assessment to ensure proper scrutiny.

Depreciation on Split-Up Assets Allowed PF/ESI Disallowance- Due Date Counts From Salary Payment Month

December 2, 2025 354 Views 0 comment Print

The Tribunal clarified two key issues: depreciation on assets received in demerger and PF/ESI contribution disallowances. Revenue’s appeal was dismissed for AY 2017-18, while the assessee’s appeal for AY 2024-25 was partly allowed. This decision reinforces consistency in asset-related claims and practical application of Section 36(1)(va).

Bogus Research Donation Claim Disallowed After CBDT Finds Misuse

December 2, 2025 384 Views 0 comment Print

The Tribunal held that donations to an institution whose approval was withdrawn retrospectively cannot qualify for deduction under Section 35(1)(ii). Reopening was upheld, and bona fide belief offered no protection.

Parallel Proceedings Under Section 153A and 153C Lead to Quashed Assessments

December 2, 2025 270 Views 0 comment Print

The ITAT quashed assessments under Section 153A due to ex-parte orders, mechanical Section 153D approvals, and failure to give the assessee an opportunity to be heard, emphasizing the importance of natural justice in tax proceedings.

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