Income Tax : This guide explains when penalties can be imposed under various provisions of the Income-tax Act, 1961. It also outlines the appli...
Income Tax : This guide explains how unexplained cash credits under Section 68 and related provisions can attract steep taxation under Section ...
Income Tax : The Tribunal held that cash deposits during demonetisation cannot be treated as unexplained when backed by audited books, invoices...
Income Tax : ITAT Bangalore held that profit cannot be estimated arbitrarily when regular books of account are maintained and not rejected unde...
Income Tax : A large spousal gift exemption was denied due to failure in proving genuineness, creditworthiness, and source of funds. The ruling...
Income Tax : ITAT Kolkata deleted the Section 68 addition, holding that share application money already assessed in subscribers' hands cannot b...
Income Tax : Calcutta HC dismissed the Revenue's appeal after the remand report confirmed the disputed receipt was sale proceeds of investments...
Income Tax : ITAT Delhi held Section 68 cannot apply to sale proceeds of disclosed investments already recorded in books. Revenue's appeals wer...
Income Tax : ITAT Delhi held Section 68 inapplicable where shares were disclosed in an earlier year and sale proceeds were already offered as i...
Income Tax : ITAT Agra held Section 44AD could not apply where turnover exceeded the limit, adopted past profit history, allowed telescoping an...
Income Tax : CBDT has instructed tax officers to uniformly apply Sections 68 to 69D and Section 115BBE after a C&AG audit found inconsistencies...
Income Tax : Assessing Officers should follow the sequence as noted below for applying provisions of section 68 of the Act: Step 1: Whether the...
The Delhi ITAT set aside an ex-parte assessment, remanding the Rs.13.74 lakh cash deposit case back to the AO for fresh verification. The ruling gives the taxpayer an opportunity to substantiate the deposits using a cash flow statement tracing the source to earlier large bank loan withdrawals.
ITAT Delhi held that cash-in-hand reflected in audited books remains valid even if no return was filed for the prior year, deleting the entire unexplained cash addition.
ITAT Delhi partly allowed assessee’s appeal, reducing unexplained income from ₹10.08 crore to ₹2.22 crore and lowering commission on inter-mediated transactions from 3% to a fair 1%, emphasizing verification of cash and cheque entries under same code.
ITAT Delhi held that sales made to Jyoti Products were genuine, supported by ledgers and invoices. The 25% disallowance by the AO under Section 37 was deleted, as Section 37 applies only to business expenditure, not sales transactions.
ITAT Raipur held that matter regarding unexplained money addition under section 68 of the Income Tax Act restored back as basic ingredients required u/s 68, i.e., identity / creditworthiness of the investors and genuineness of transactions not satisfactorily explained.
The ITAT deleted a protective addition under Section 68 for cash deposits after finding the same income was already declared and taxed in the partners’ individual returns, rendering the firm’s assessment redundant.
The ITAT ruled that the PCIT wrongly invoked Section 263 by relying on unverified external information (e.g., SEBI data and license suspension claims) to label purchases as bogus, without providing this information to the assessee for rebuttal. The tribunal deleted the revisionary order, confirming that the PCIT acted illegally by presuming facts and ignoring the documentary proof of purchase genuineness.
The ITAT Mumbai held that the denial of the right to cross-examine a third party whose statement forms the foundation of a tax addition constitutes a serious violation of natural justice, citing the Supreme Court. The Tribunal set aside the 68 additions of 1.56 crore (across two years) and remanded the case to the AO for de novo assessment with mandatory opportunity for cross-examination.
The Income Tax Appellate Tribunal (ITAT), Delhi, upheld the addition of ₹19.06 Cr (AY 2011-12) and ₹17.53 Cr (AY 2012-13) to Raheja Developers Limited’s income. The ITAT confirmed the finding that the sale of 22 shops to M/s Sagar Trade Links Pvt. Ltd. (STPL) was a bogus transaction involving a shell company to route the developer’s own unaccounted funds back into its books as sale consideration.
ITAT Ahmedabad held that unexplained credit additions cannot be sustained where HUF’s bank transactions are fully documented, and reassessment beyond four years without failure to disclose material facts is invalid.
