Income Tax : ITAT held that additions based solely on third-party search material without independent evidence or cross-examination are invalid...
Income Tax : Income without satisfactory explanation is taxed at a special high rate under Section 115BBE. The provisions place strict liabilit...
Income Tax : A doctrinal analysis of unexplained cash credits, investments, and expenditure under Sections 68–69D. Explains burden of proof a...
Income Tax : This covers how unexplained credits and investments are taxed under Sections 68 to 69D. The key takeaway is that additions require...
Income Tax : ITAT held that section 69 cannot be invoked where purchases are duly recorded in books and paid through banking channels, making t...
Income Tax : The ITAT Amritsar held that a valuation report by itself cannot justify addition under Section 69 without evidence of extra paymen...
Income Tax : The ITAT held that stamp duty valuation could not be blindly adopted where the property was affected by BBMP demolition proceeding...
Income Tax : The ITAT Delhi upheld deletion of a Rs.6 crore addition under Section 68 after finding that the share sale transactions were prope...
Income Tax : Delhi ITAT held that investments in immovable properties cannot be treated as unexplained once payments are made through disclosed...
Income Tax : The Tribunal held that entries found in third-party ERP software during a search cannot alone justify unexplained investment addit...
Tribunal held that EDC paid to HUDA is a statutory levy and not interest, quashing disallowance u/s 40(a)(ia) based on erroneous application of Section 194A.
ITAT Delhi held that revisionary proceedings under section 263 of the Income Tax Act is not justifiable since proper enquiry and examination was made and therefore, there is no error in the order of the AO thus, it is not pre-judicial to the interest of the Revenue.
The Pune ITAT quashed a reassessment order, ruling that proceedings initiated under Section 147 were invalid. The tribunal held that information from a third-party search mandates proceedings under Section 153C, not Section 147.
Disallowance of ₹28,99,56,987/- towards finance costs on securitization transactions had no basis, as the interest income rightly belonged to the SPVs and not the assessee. Likewise, the addition of ₹1,61,82,000/- under section 69A read with section 115BBE was unjustified since the cash deposits in Specified Bank Notes represented genuine loan repayments from microfinance borrowers and could not be treated as unexplained.
ITAT Delhi held that applicability of section 115BBE of the Income Tax Act without initially fixing the addition under any of the charging provisions i.e. section 68, 69, 69A, 69B, 69C and 69D of the Income Tax Act is not tenable in the eye of law. Accordingly, appeal allowed.
ITAT Hyderabad partly allows Revenue’s appeal in Net Net Ventures case. Rs.7 Cr addition deleted; Rs.1.47 Cr and Rs.1.73 Cr issues remanded for verification.
ITAT Chandigarh deletes an addition, ruling that an unsigned and unregistered agreement to sell is not valid evidence for making an addition under Section 69 or 69B.
ITAT Chennai held that addition under section 69A of the Income Tax Act towards cash deposit during demonetization not justified since assessee has sufficiently explained that the said deposit is from earlier withdrawal. Accordingly, appeal allowed.
CESTAT Delhi held that revocation of Customs Broker License by Customs authorities not sustainable since there is no violation of Regulation 10(b), 10(d) and 10(n) of CBLR, 2018 as alleged in the impugned order. Accordingly, appeal allowed.
A procedural error by the First Appellate Authority leads the ITAT Ahmedabad to send an unexplained investment case back to the Assessing Officer The court directs the AO to properly investigate the source of funds for a property purchase.