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Section 250

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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 318 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 243 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 108 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 129 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


No Rule 46A Breach When CIT(A) Calls Records Suo-Motu: ITAT

December 29, 2025 387 Views 0 comment Print

Demonetisation cash deposits cannot be taxed merely on suspicion when supported by statutory VAT/Excise records, sales growth, and business expansion. Rule 46A(4) empowers CIT(A) to call for such evidence without triggering procedural violations.

Property Sale Deductions Get Second Chance: Capital Gains Recomputed

December 29, 2025 288 Views 0 comment Print

Rejecting a summary denial of deductions, the Tribunal restored the issue to the AO to verify whether mortgage repayments and other costs were wholly connected with the transfer. Taxpayers were directed to cooperate and file complete evidence.

Tribunal reversing order of CIT(A) without demonstrating any perversity is not justifiable

December 29, 2025 540 Views 0 comment Print

Patna High Court held that ITAT was not justified in reversing the order of CIT(A) without demonstrating any perversity, misreading of evidence, or application of an incorrect legal standard by the appellate authority. Accordingly, deletion of addition u/s. 68 by CIT(A) justified and writ allowed.

Kolkata ITAT Quashes Time-Barred Reopening for AY 2015-16

December 28, 2025 546 Views 0 comment Print

The ITAT held that reassessment initiated in July 2022 for AY 2015-16 was barred by limitation. The ruling confirms that expired cases cannot be revived under the post-2021 reassessment framework.

DGIT (Inv.) Inputs Alone Can’t Justify Reopening: ITAT

December 27, 2025 834 Views 0 comment Print

ITAT found the recorded reasons vague and non-specific, failing to even identify the nature of alleged escapement. Such mechanical reasons render the notice under section 148 void ab initio.

Wrong ITR Column Can’t Deny Trust Exemption: ITAT Kolkata

December 27, 2025 894 Views 0 comment Print

The Tribunal condoned an extraordinary 2315-day delay, noting that the disallowance arose from a return-filing error and not lack of application of income. The matter was restored for fresh adjudication on merits.

No Incriminating Material, No Addition in Section 153A Assessments

December 27, 2025 705 Views 0 comment Print

Whether additions under sections 68 and 69C can be made without seized material. In search cases, completed assessments cannot be disturbed unless incriminating material is found during the search.

GP Rate Refined to 11% in Search-Based Bogus Purchase Case

December 27, 2025 807 Views 0 comment Print

The issue was whether entire alleged bogus purchases should be added as income after a search assessment. The Tribunal held that where consumption and records are not disputed, only the profit element can be taxed, not the full purchase value.

No Trade, No Income – Broker’s PAN Error Collapses Addition

December 27, 2025 300 Views 0 comment Print

The case examined whether exchange data alone could justify taxing alleged commodity profits. The Tribunal ruled that once the broker admits wrong PAN mapping and identifies the real trader, the addition cannot survive.

Section 90 Relief Overrides Technical Delay in Form 67

December 27, 2025 642 Views 0 comment Print

The issue was whether late filing of Form 67 bars foreign tax credit under DTAA. ITAT held that FTC is a substantive right under section 90 and cannot be denied for a procedural delay.

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