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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


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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


Section 80P Deduction Denied as Valid Return Was Not Filed Under Section 139

June 22, 2026 348 Views 0 comment Print

The ITAT Visakhapatnam held that deduction under Section 80P cannot be allowed where the assessee failed to file a valid return of income, attracting the bar under Section 80A(5).

Foreign Tax Credit Allowed as Delayed Form 67 Filing Is Procedural: ITAT Visakhapatnam

June 22, 2026 396 Views 0 comment Print

The Tribunal directed the Assessing Officer to grant Foreign Tax Credit, observing that delayed filing of Form No. 67 is only a procedural requirement and does not extinguish the substantive claim.

Pune ITAT Deletes ₹50 Lakh Penalty U/s 271D; Third-Party Statement Alone Cannot Prove Cash Loan

June 22, 2026 423 Views 0 comment Print

The ITAT held that an untested third-party statement, without supporting evidence or cross-examination, cannot form the sole basis for imposing penalty under Section 271D. It deleted the penalty after finding the Revenue failed to establish the alleged cash loan.

Pune ITAT: BSNL VRS Compensation Fully Exempt u/s 10(10B); Delay in Appeal Condoned

June 22, 2026 405 Views 0 comment Print

The ITAT held that BSNL employees are entitled to full exemption under Section 10(10B) for compensation received under the 2019 VRS scheme. The Tribunal rejected the view that exemption should be restricted to ₹5 lakh under Section 10(10C).

ESOP Discount Is Allowable Business Expenditure Despite Pending SLP: ITAT Mumbai

June 22, 2026 246 Views 0 comment Print

The ITAT Mumbai held that ESOP discount is an allowable deduction under Section 37(1), observing that the pendency of an SLP against a High Court judgment does not justify disallowance.

Section 56(2)(viib) Addition Deleted as Shares Were Allotted to Existing Shareholders

June 22, 2026 219 Views 0 comment Print

The ITAT held that no addition under Section 56(2)(viib) was warranted where shares were allotted to existing shareholders and no fresh funds were received during the relevant year. The Tribunal deleted the addition after finding the assessee’s valuation supported by registered valuers.

CPC Cannot Deny Section 11 Exemption for Delayed Form 10B in Section 143(1) Processing: ITAT Kolkata

June 21, 2026 576 Views 0 comment Print

ITAT Kolkata held that appellate authority should have awaited outcome of pending condonation application before deciding exemption claim. Matter was remanded for fresh adjudication after considering competent authority’s decision.

ITAT Allows Leave Encashment Deduction as Payment to Insurer Was Actual Business Expenditure

June 21, 2026 192 Views 0 comment Print

The dispute concerned deduction of CSR expenditure incurred before Explanation 2 to section 37(1) became applicable. The ITAT held that the contribution, made under Ministry of Shipping guidelines, was allowable for AY 2012-13. The decision emphasised that the statutory bar introduced from AY 2015-16 could not be applied retrospectively.

Periodic dredging to maintain existing jetty was revenue expense, not capital outlay: ITAT granted ₹4.49 Crore Relief

June 20, 2026 234 Views 0 comment Print

Expenditure of ₹4.49 crore incurred on maintenance dredging for removal of natural siltation and restoration of the existing operational depth of the jetty constituted revenue expenditure allowable under section 37(1). Accordingly, the disallowance made by AO and sustained by CIT(A) was deleted.

ITAT Chennai Dismisses Appeal as Reassessment Made No Fresh Additions

June 20, 2026 243 Views 0 comment Print

The Tribunal held that a reassessment order making no new additions does not merge with the original assessment so as to permit challenge to issues accepted earlier. The original disallowance remained unaffected.

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