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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 330 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 255 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 111 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 135 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


ITAT Mumbai Upholds Dual Commission Addition on Bogus Purchase & Sale Entries

January 19, 2026 810 Views 0 comment Print

The Tribunal restored the Assessing Officers action after finding clear admission of issuing accommodation bills. Commission at 1% was rightly taxed on both bogus purchases and bogus sales.

ITAT Ahmedabad Taxes MOU Receipts as Other Sources as Assessee Lacks Land Ownership Rights

January 19, 2026 351 Views 0 comment Print

Authorities found the land had been sold decades earlier and the MOU acknowledged no possession or rights. The Tribunal affirmed taxation under section 56. The ruling clarifies that an MOU cannot convert non-rights into capital receipts.

Rental Income Taxed as House Property Due to Main Business Object

January 19, 2026 546 Views 0 comment Print

The Tribunal upheld taxation of rental receipts as income from house property because the companys principal object was not property letting. It ruled that business income treatment cannot be claimed merely based on incidental objects in the memorandum.

Section 68 Addition on Unsecured Loans Deleted After Rule 46A Evidence

January 19, 2026 420 Views 0 comment Print

The AO treated loans as unexplained due to incomplete confirmations. The Tribunal confirmed deletion after remand proceedings verified lenders’ identity, capacity, and transaction genuineness.

Reopening on Share Investment Set Aside Where Source of Funds Was Already Verified

January 19, 2026 306 Views 0 comment Print

The issue was whether reassessment could be initiated for an amount implicitly accepted in original assessment. The Tribunal ruled that reopening amounted to change of opinion and was legally unsustainable.

ITAT Mumbai Deletes ₹37 Lakh 271D Penalty: Third-Party Statements Insufficient

January 19, 2026 474 Views 0 comment Print

The Tribunal found that the assessee was penalized without substantive evidence or effective cross-examination. Holding this contrary to principles of natural justice, the penalty was deleted. The case highlights procedural fairness in penalty matters.

Small Stamp Duty Variations Cannot Trigger Section 56(2)(vii)(b) Deemed Income

January 19, 2026 564 Views 0 comment Print

The issue involved taxing a marginal valuation difference on property purchase. The Tribunal deleted the addition as the variation was below the statutory tolerance threshold. The decision confirms that minor deviations alone cannot be treated as taxable income.

ITAT Mumbai Deletes Section 14A Disallowance as No Expenditure Was Claimed

January 19, 2026 525 Views 0 comment Print

The case examined whether disallowance under section 14A could be made when no expenditure relating to exempt income was claimed. The Tribunal held that unclaimed expenses cannot be disallowed. The ruling reinforces that section 14A applies only to deductions actually claimed.

ITAT Chennai Deletes Demonetisation Cash Deposit Addition as Source Explained

January 19, 2026 801 Views 0 comment Print

The Tribunal held that cash deposited during demonetisation was supported by evidence of cash sales and debtor collections. Once the source was substantiated, addition under Section 68 was unsustainable.

Agricultural Income Cannot Be Arbitrarily Estimated Without Considering Expenses: ITAT Rajkot

January 19, 2026 735 Views 0 comment Print

Despite deficiencies in documentation, agricultural activity and landholding were undisputed. The Tribunal granted partial relief while sustaining a modest addition. The decision highlights a balanced approach where activity is proven but evidence is imperfect.

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