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Income Tax : ITAT Indore held that appellate order violated principles of natural justice after finding that key hearing notices were sent to a...
Income Tax : ITAT Rajkot held that cash deposits made during demonetization were fully supported by audited books of account, cash books, and b...
Income Tax : ITAT Hyderabad held that addition of Rs. 13 lakh under Section 69A through rectification proceedings exceeded the scope of Section...
Income Tax : The Tribunal held that the reassessment notice issued on 26.07.2022 was beyond the permissible timeline under the surviving limita...
Income Tax : Tribunal dismissed a Revenue appeal after finding that additions were made solely on basis of entries in a seized Excel file. It h...
The ITAT Rajkot significantly reduced an income tax addition made under Section 69A based on seized on-money documents lacking direct evidence. The Tribunal ruled that the entire cash component couldn’t be treated as undisclosed income, instead taxing only 8% of the disputed amount as a profit element at normal rates.
The ITAT Pune ruled that a reassessment initiated under sec.147/148, even for non-filers who later filed a return, is void ab initio if the mandatory 143(2) notice is not issued. The Tribunal set aside the cash deposit addition and remanded the matter for fresh adjudication, reinforcing that 143(2) notice is a jurisdictional requirement.
The Tribunal followed the Supreme Court’s V.C. Shukla principle, reaffirming that loose papers seized from third parties are without evidentiary value unless properly linked to the assessee through verified facts. ITAT, therefore, quashed both the 69A addition and the underlying 147 reopening as being based on mere surmises and conjectures.
This ruling underscores the requirement for independent verification of uncorroborated search material, deleting additions made for unexplained cash under Section 69A and Capital Gains based on an employee’s diary. ITAT’s decision confirms that mere suspicion or rough personal notings, full of inconsistencies, cannot be the foundation for substantial tax demands.
ITAT Agra held that amount deposited during demonetization period cannot be treated as unexplained income since the amount is deposited out of genuine cash sales. Accordingly, appeal of revenue dismissed.
ITAT Pune deletes ₹14 lakh cash deposit addition during demonetization, ruling that retaining cash from duly accounted sources for a long period is not grounds for suspicion.
Nagpur ITAT remanded Vijay Peshane’s appeal to the CIT(A) for fresh review of addition under Section 6a9A. The assessee claimed miscommunication led to a failure to appear before the appellate authority.
Agra ITAT remands A.Y. 2018-19 bogus sales addition case to CIT(A), holding ex parte dismissal without merits discussion violates Section 250(6) and natural justice.
ITAT Rajkot confirmed that for a small trader opting for Section 44AD, the presumptive income covers the cash deposits related to the business cycle, making any separate addition for unexplained money (Section 69A) unjustifiable. The entire addition was deleted as the tax authorities acted on mere suspicion without bringing any contrary evidence to disprove the business nature of the deposits.
ITAT Ahmedabad ruled that the lower authorities were wrong to confirm the addition for foreign currency found during the search, as the assessee provided a chart detailing various family trips abroad. The decision confirms that, in the absence of contrary evidence by the Revenue, a plausible explanation supported by travel records is enough to discharge the burden of proof.
