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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 258 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 39 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 117 Views 0 comment Print


Failure to Consider Evidence Cannot Deny Section 54F/54EC Benefits: ITAT Mumbai

November 19, 2025 582 Views 0 comment Print

Tribunal upheld capital gains exemptions after finding that assessee had furnished proof of investments under sections 54F and 54EC. The ruling confirms that omission to consider evidence cannot justify denial of statutory relief.

SCN With One-Day Deadline Invalid: ITAT Condoned Delay Arising from Husband’s Death

November 19, 2025 360 Views 0 comment Print

The Tribunal held that granting only one day to reply to a show-cause notice violated principles of natural justice. The assessment order was set aside and the matter remanded for fresh examination.

Real Estate Income Issue Remanded as Section 44AD Claim Unaddressed: ITAT Nagpur

November 19, 2025 600 Views 0 comment Print

The Tribunal held that additions made by treating real estate receipts as capital gains required fresh verification. The case was remanded as the earlier order failed to examine the assessee’s claim of business income under section 44AD.

1,370-Day Delay Not Condoned; Reliance on Consultant Not Sufficient Cause: ITAT Mumbai

November 19, 2025 576 Views 0 comment Print

ITAT Mumbai dismissed a tax appeal due to a 1,370-day delay, ruling that reliance on a tax consultant’s advice does not constitute sufficient cause for condonation. Case underscores strict adherence to limitation rules in tax proceedings.

Asset received for testing purpose not taxable u/s. 28(iv) as there is no benefit on use of such asset

November 18, 2025 771 Views 0 comment Print

ITAT Bangalore held that assets received for testing purpose and there is no specific benefit that arises to the assessee with respect to usage of those assets, the same is not taxable under section 28(iv) of the Income tax Act. Accordingly, appeal of assessee allowed.

Addition set aside as Percentage of Completion Method on real estate accounting duly followed ICAI guidelines

November 18, 2025 819 Views 0 comment Print

ITAT Mumbai held that addition based on ad hoc method not justifiable since assessee followed Percentage of Completion Method for revenue recognition adhering to guidance note on Accounting of Real Estate Transactions issued by ICAI. Accordingly, appeal of assessee allowed.

Section 69 Addition Deleted as Investment Was Fully Recorded in Books

November 18, 2025 705 Views 0 comment Print

The assessee showed that the ₹1.11 crore payment was an advance toward a bank-auctioned property, fully supported by bank transfers and later formalised via a registered deed. The Tribunal held that such documented transactions cannot attract section 69. The addition was therefore deleted.

Addition Partly Deleted as Section 69A Cannot Apply to Mere Documents Found in Search

November 18, 2025 474 Views 0 comment Print

The Tribunal held that section 69A requires unexplained money or valuables to be found; since only documents showing commission were seized, invoking section 69A was invalid. Only 20% of gross commission was allowed as taxable income.

Contractual Late Delivery Charges Not Penalty, Reopening Without New Material invalid

November 18, 2025 501 Views 0 comment Print

The Tribunal held that reassessment was invalid since the original scrutiny had already examined the issue and no fresh information indicating suppression or omission was found. Reopening based solely on a change of opinion was rejected. The ruling reinforces that section 147 requires tangible new material.

ITAT Deletes Additions for Partner Capital/Interest Due to Lack of Enquiry

November 18, 2025 399 Views 0 comment Print

The Tribunal held that capital introduced by a partner could not be taxed as unexplained when authorities failed to verify the assessee’s evidence. Both the AO and CIT(A) ignored cash flow records and bank statements without conducting inquiry. The addition was deleted for violating principles of natural justice.

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