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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 240 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 123 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


Indexation Benefit Directed as CIT(A) Omitted Mandatory Section 48 Relief

December 22, 2025 222 Views 0 comment Print

The AO was directed to recompute capital gains based on DVO valuation but had ignored indexation. The Tribunal ruled that recomputation without indexation is legally impermissible.

Director Liable for Unexplained Credits Despite Transfer to Company: ITAT Ahmedabad

December 22, 2025 183 Views 0 comment Print

ITAT Ahmedabad ruled that credit entries in the assessee’s account were correctly assessed, even though initial cash deposits belonged to a company, ensuring proper attribution of income.

Post-Search Flat Booking Cannot Trigger On-Money Tax Addition: ITAT Ahmedabad

December 22, 2025 249 Views 0 comment Print

The Revenue relied only on the builder’s settlement disclosure to tax the buyer. The ITAT held that third-party admissions, without corroboration or cross-examination, cannot fasten liability on the assessee.

Interest on Unused Commercial Property Not Business Expense, but Allowable u/s 24(b): Jaipur ITAT

December 22, 2025 285 Views 0 comment Print

Jaipur ITAT held that interest on a commercial property not used for business cannot be claimed as a business expense but is allowable under Section 24(b) from house property income.

Gross Interest Can’t Be Taxed Ignoring Interest Cost: Ahmedabad ITAT

December 22, 2025 174 Views 0 comment Print

Ahmedabad ITAT deleted Rs. 9.64 lakh addition under Section 69A, holding that only net interest income is taxable after deducting interest expenditure on borrowed funds.

Only Real Income Taxable; ITAT Mumbai Deletes Addition, Section 11 Denial Academic

December 22, 2025 681 Views 0 comment Print

The Tribunal ruled that a trust reporting a loss cannot be taxed on gross receipts. The addition by the AO was deleted, emphasizing that only net income is relevant for taxation under section 11.

Section 148 Notice Invalid Because Dispatch Date, Not Signature Date, Determines Issuance

December 22, 2025 936 Views 0 comment Print

The ITAT held that a reassessment notice dispatched after the new law took effect must follow Section 148A, and failure to do so invalidates the entire proceedings.

Consultant Lapse & Health Issues Sufficient Cause: Chennai ITAT Condoned 261-Day Delay

December 22, 2025 444 Views 0 comment Print

The ITAT held that professional negligence and continuous medical problems constitute sufficient cause, condoning a 261-day delay and reviving the appeal.

Addition Set Aside Due to Denial of Video Conference Hearing

December 21, 2025 639 Views 0 comment Print

The dispute involved confirmation of unexplained cash deposits without granting a requested VC hearing. The Tribunal held that denial of virtual hearing violated natural justice. The matter was remanded for fresh adjudication.

Depreciation Disallowance Quashed Due to Lack of Incriminating Material

December 21, 2025 339 Views 0 comment Print

Despite allegations of sham sub-contracts, the project was shown to be completed, commissioned and operational. The Tribunal held that once the asset exists and is used, depreciation cannot be denied without concrete proof of bogus cost.

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