ITAT Upholds Taxpayer Rights, Limits Section 148 Reassessments on Net Income: ITAT confirmed that income tax reassessments must be based on net taxable income, not gross sale proceeds. Notices issued beyond the three-year window without exceeding ₹50 lakh threshold are invalid.
The Mumbai ITAT restricted the disallowance for purchases from hawala parties to 25% of the bogus purchase amount, affirming the material was genuinely received and sold, despite fictitious invoices. The ruling relies on the Gujarat High Court’s precedent in Vijay Proteins.
Madhya Pradesh High Court rules that share of profit from taxable AOPs cannot be taxed again in the member’s hands, upholding ITAT’s order in Principal Commissioner vs. Ramesh Chandra Rai.
ITAT confirmed that a company can validly exercise the concessional tax regime under Section 115BAA through a revised return filed within the due date. Regular business losses and unabsorbed depreciation remain eligible for set-off.
Mumbai ITAT ruled in favor of Dosti Realty Limited, deleting a ₹2.06 Crore expense disallowance made under Section 154. The Tribunal held that the AO’s contradictory finding of “under assessment” invalidates rectification jurisdiction, and the expense, based on actual estimation, was not a contingent liability.
The ITAT Agra set aside the NFAC’s order confirming a Rs. 22,01,000/− cash deposit addition, citing the NFAC’s failure to follow earlier verification directions and admitting new legal grounds under the NTPC principle.
Delhi High Court upholds CESTAT’s refusal to impose higher penalty under Section 114AA on freight forwarder Mayank Gupta in Red Sandalwood export case, citing limited role.
ITAT Delhi allows Henna Industries’ appeal, deleting a Rs. 9.30 lakh disallowance made by the CPC under Section 143(1), confirming it was due to a clerical mistake in the tax audit report.
ITAT Ahmedabad restores the Rs. 41.02 lakh unexplained deposits case to the AO for de-novo assessment, allowing additional evidence and citing the assessee’s illiteracy.
The ITAT Pune condoned a 631-day delay citing financial seizure under the Mst. Katiji principle, restoring the appeal concerning Rs. 29 Lakh interest disallowance and ad-hoc cash addition back to the CIT(A) for a fresh de novo hearing.
