The Tribunal ruled that additions under Section 69A cannot survive where ledger accounts, bank statements, and lender confirmations establish genuine banking transactions. Mere suspicion arising from search information was held insufficient.
The Tribunal ruled that deemed dividend arising from reduction of share capital qualified for exemption under Section 10(34). The decision followed earlier Bombay High Court rulings involving identical transactions and shareholders.
The Delhi ITAT held that a reassessment notice digitally signed on 31 March 2021 but served on 1 April 2021 falls under the new Section 148A regime. Failure to follow mandatory reassessment procedures rendered the entire assessment void.
The ITAT Mumbai deleted additions under Section 69 after holding that denial of cross-examination violated principles of natural justice. The Tribunal ruled that third-party statements cannot be relied upon against an assessee without allowing effective cross-examination.
ITAT Mumbai held that once the lender confirmed the transaction during assessment and remand proceedings, the Assessing Officer could not doubt the genuineness of the loan. The ruling reinforces that proper documentary evidence carries significant evidentiary value.
The Bangalore ITAT held that deduction under Section 80IA can be granted only if the income is genuinely derived from the eligible industrial undertaking. Mere classification of income under other sources does not automatically entitle an assessee to deduction.
The Bangalore ITAT held that mere differences between declared construction cost and DVO estimates cannot sustain additions under Section 69B without independent evidence of unaccounted investment. The Tribunal deleted additions relating to hostel construction expenditure.
The Bangalore ITAT held that charitable trusts publishing and selling educational books do not lose Section 11 exemption merely because they earn surplus. Educational publishing activities were held distinct from commercial business activities.
The Bangalore ITAT held that uncorroborated WhatsApp chats and retracted statements are insufficient to sustain large on-money additions in search assessments. Additions based purely on estimates without incriminating evidence were deleted.
The Court held that shareholder resolutions seeking removal of directors under Section 284 are independent of Section 188 requirements relating to circulation of members’ resolutions.
