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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 621 Views 0 comment Print


Latest Judiciary


Bengaluru ITAT: Additions Made in Intimation U/s 143(1) Cannot Be Challenged in Appeal Against Scrutiny Assessment U/s 143(3)

Income Tax : ITAT Bangalore held that additions made in an intimation under Section 143(1) cannot be disputed in an appeal against a scrutiny a...

July 7, 2026 255 Views 0 comment Print

BSNL VRS-2019 Compensation Exempt as Retrenchment Compensation: ITAT Pune

Income Tax : ITAT Pune held that BSNL VRS-2019 compensation qualifies as retrenchment compensation under Section 10(10B), allowing tax exemptio...

July 7, 2026 249 Views 0 comment Print

Section 56(2)(x) Applicability Depends on Agreement Date; Mistaken Tax Payment Refundable: ITAT Mumbai

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 525 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 276 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 162 Views 0 comment Print


ITAT Mumbai Restores Ex-Parte Reassessment as Capital Gains Were Taxed in Director’s Hands Instead of Company

December 13, 2025 297 Views 0 comment Print

The tribunal found that the income addition of ₹80 lakh was incorrectly attributed to the assessee personally instead of the company, allowing the appeal to proceed on merits.

Reassessment Quashed as Mandatory Seven-Day Notice Was Not Granted

December 13, 2025 633 Views 0 comment Print

ITAT held that reassessment proceedings are invalid where the Assessing Officer failed to grant the minimum seven days’ time under section 148A(b), making the entire process unsustainable.

Deemed Dividend Addition Remanded Due to Year-of-Receipt Mismatch

December 13, 2025 258 Views 0 comment Print

The issue was whether an outstanding loan could be taxed as deemed dividend in a year when no loan was received. The Tribunal held that the decisive factor is the year of payment and remanded the matter for fresh examination.

Section 54B Exemption Allowed Despite Non-Deposit in CGAS

December 13, 2025 489 Views 0 comment Print

The issue was whether failure to deposit unutilised capital gains in CGAS before the due date defeats Section 54B relief. The ITAT held that where eligible agricultural land is purchased within time and cheques are issued with sufficient balance, CGAS non-deposit is only procedural. Full exemption was therefore allowed.

Mere Suspicion from STR Data Insufficient for Section 69C Addition

December 13, 2025 390 Views 0 comment Print

The key question was whether STR-based information can trigger harsh taxation under Section 115BBE. The ITAT held that without concrete evidence of non-genuine transactions, such additions cannot stand. Both reopening and tax addition were annulled.

Section 11 Exemption Restored as Form 10B Was Filed Within Due Date

December 13, 2025 321 Views 0 comment Print

The issue was denial of charitable exemption due to alleged non-filing of Form 10B. The ITAT held that the audit report was filed on time and wrongly ignored by CPC. Substantive exemption under Section 11 was therefore restored.

Bonus Payment Allowed Because Evidence Showed Payment Before Due Date

December 13, 2025 660 Views 0 comment Print

Though earlier dismissed for non-prosecution, the Tribunal evaluated the substantive grounds relating to bonus disallowance and income inclusion, granting partial relief.

Section 68 Addition Fails When Based Only on Retracted Third-Party Statements

December 13, 2025 486 Views 0 comment Print

The ITAT ruled that an addition under section 68 cannot be sustained solely on a retracted statement of a third party, deleting ₹81 lakh share capital added to income.

Ex-parte CIT(A) order quashed: ITAT restores appeal where notices went to deceased counsel

December 13, 2025 510 Views 0 comment Print

Delhi appellate authority’s ex-parte confirmation of unexplained money under Section 69A was set aside. ITAT directed CIT(A)/NFAC to adjudicate afresh, granting one final hearing opportunity.

Rs. 87.65-Crore ‘Bogus Purchase’ Disallowance Remanded for Fresh Verification

December 13, 2025 681 Views 0 comment Print

ITAT Pune sent back the issue of alleged bogus purchases for A.Y. 2017-18, directing AO to examine GST closure letters, transportation evidence, and other supporting documents to determine genuineness.

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