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₹2 Cr Capital Infusion via Mortgage Loan Not Taxable on Mere Suspicion: ITAT Delhi

September 27, 2025 264 Views 0 comment Print

The Tribunal ruled that the Assessing Officer’s suspicion, without material evidence, was insufficient to prove the non-genuineness of a partner’s capital contribution. This case clarifies the legal burden of proof under the Income Tax Act.

ITAT Kolkata Restores Appeal, Imposes ₹50k Non-Cooperation Cost

September 27, 2025 318 Views 0 comment Print

The ITAT Kolkata restored a 464-day delayed appeal (AY 2017-18) to the AO for fresh adjudication but imposed a conditional ₹50,000 cost on the assessee for consistent non-cooperation.

Trade Discount Not Commission: ITAT Quashes CIT’s Section 263 Revision for Overreach

September 27, 2025 399 Views 0 comment Print

ITAT Delhi held that a 12% trade discount to an overseas buyer is not commission and cannot attract TDS under Section 195. The Tribunal ruled that the CIT cannot override the AO’s assessment without independent examination, quashing the Section 263 revision and consequential reassessment.

Discrepancies in Returns & Non-production of Books: Appeal dismissed Over Unexplained Income

September 27, 2025 465 Views 0 comment Print

In HIM Restaurants Private Limited Vs ITO, the Delhi Income Tax Appellate Tribunal (ITAT) upheld tax additions, confirming the rejection of books of account under Section 145(3) due to the assessee’s failure to produce evidence and discrepancies in its financial reporting.

Blanket Mechanical 153D Approval Approval Not Valid – ITAT Delhi Quashes Assessments  

September 27, 2025 384 Views 0 comment Print

ITAT Delhi annuls tax assessments on Nanak Chand Tayal, ruling that the blanket, mechanical approval under Section 153D was invalid and against judicial precedents from Delhi and Orissa High Courts.

Tribunal Applies Real Income Theory, Restricts Additions to 10% of Bogus Purchases

September 27, 2025 786 Views 0 comment Print

Delhi ITAT restores Silverton Pulp And Papers Pvt. Ltd.’s appeal to the CIT(A) to verify the applicability of Section 56(2)(x)(b) to a disputed agricultural land purchase, where the stamp valuation authority valued it as residential.

Verification, Not Estimation – ITAT Delhi Corrects AO’s Approach on Creditors & Expenses

September 27, 2025 495 Views 0 comment Print

The Delhi Income Tax Appellate Tribunal (ITAT), in Shelender Kumar Jain Vs ACIT, has ruled against making adhoc disallowances on verified business expenses.

ITAT Delhi Quashes Reassessments Based on Retracted Statement of Entry Operator

September 27, 2025 687 Views 0 comment Print

ITAT Delhi quashes reassessment orders against three companies. The court ruled that an AO cannot rely solely on a retracted statement to initiate reopening proceedings.

Pre-SCN Consultation Mandatory for Service Tax Demands Over Rs. 50 Lakhs: Bombay HC

September 27, 2025 993 Views 0 comment Print

Bombay HC set aside high-value SCNs issued without prior consultation. Upholding binding CBIC Circulars, Court ruled that pre-consultation is mandatory for tax demands exceeding ₹50 lakhs, citing SC precedents.

No Independent Verification, No Addition: ITAT Upholds Relief in Penny Stock Case

September 27, 2025 1122 Views 1 comment Print

ITAT Delhi deleted Rs.8 lakh penny stock addition u/s 68. AO relied only on Investigation Wing report. Tribunal rules addition cannot be made without independent verification.

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