Income Tax : ITAT held that where sales are not disputed, entire purchases cannot be disallowed. Only 15% profit element was taxed, reinforcing...
Income Tax : The Tribunal quashed reassessment proceedings as they were based on a mere change of opinion without any fresh tangible material. ...
Income Tax : The issue involved levy of late fees on TDS returns processed before statutory amendment. The Tribunal held that absence of enabli...
Income Tax : The Tribunal held that valuation without giving the assessee an opportunity to object violates natural justice. It remanded the ma...
Income Tax : The Tribunal condoned delay due to reasonable cause and addressed valuation mismatch. It remanded the issue for DVO-based reassess...
The ITAT struck down the Rs. 8.19 crore addition made by the AO under Section 56(2)(viib) by ignoring the assessee’s share valuation based on the Net Asset Value (NAV) method. The decision affirms that the AO lacks the authority to substitute their own value when a recognized method under Rule is used, and the underlying asset valuation is further corroborated by a higher DVO valuation.
ITAT Kolkata held that issuance of reassessment notice under section 148 of the Income Tax Act expiry of specified period of limitation is time barred and hence invalid and bad-in-law. Accordingly, appeal of assessee is allowed and notice is quashed.
The ITAT deleted a Rs.1.30 crore addition, ruling that the reassessment was invalid because the reason for reopening (payments made by the assessee) was entirely different from the reason for the final addition (loan received by the assessee). The Tribunal held that an addition made on a new, unrecorded reason renders the reassessment proceedings unsustainable in law.
ITAT Kolkata held that passing of reassessment order without issuing any notice under section 143(2) of the Income Tax Act is bad in law and not jurisdictional. Accordingly, order quashed and addition is deleted.
Tax treatment of a foreign exchange fluctuation depended entirely on the nature of the underlying asset or liability. Gains or losses on capital items (like a long-term investment or loan) were not typically recognized for tax purposes until the asset was actually sold or the loan was repaid.
This ruling addresses a massive tax demand raised by CPC under Section 143(1) based solely on a clerical error in the original Form 3CD. The ITAT set aside the orders, holding that natural justice mandates the assessee be heard and the correct audit report considered before imposing such a significant liability.
This ITAT Rajkot decision clarifies that when an assessee establishes a clear nexus between past bank withdrawals and subsequent demonetisation cash deposits, the high tax rate under Section 115BBE is not applicable. The Tribunal, citing a Gujarat HC judgment, deleted the entire addition except for a 5% estimated profit to balance revenue interest and taxpayer evidence.
The ITAT Pune substantially reduced a penalty under Rs. 271(1)(b), ruling that issuing successive notices for the same set of information constitutes only a single, continuing default, not multiple independent offenses. The Tribunal restricted the penalty to Rs. 10,000 for the initial non-compliance, deleting the balance Rs. 30,000.
The Tribunal deleted the entire tax addition, relying on a binding coordinate bench decision that accepted the LTCG on the same scrip (Tuni Textile) under identical facts. This ruling emphasizes judicial discipline and holds that the Revenue cannot ignore established jurisdictional precedents and High Court rulings allowing LTCG when the transaction is supported by concrete, demat-based evidence.
The ITAT allowed the LTCG exemption, confirming that the department cannot ignore binding jurisdictional High Court judgments and its own precedent on the exact same scrip and issue. The ruling firmly establishes that if all compliance conditions are met, the Revenue cannot reject a capital gain claim based on general allegations of price manipulation without independent, concrete evidence against the assessee.
