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ITAT Deletes LTCG Addition as AO Relied Solely on Investigation Report

August 29, 2025 903 Views 0 comment Print

A summary of the ITAT Patna ruling in Sushila Sultania’s case, where the tribunal deleted a tax addition for long-term capital gains.

Bogus Share Trades: STT & Demat Transfers Don’t Prove Genuineness

August 29, 2025 765 Views 0 comment Print

A summary of the ITAT Ahmedabad ruling on Roshniben Sumanlal Kapadia’s case, where the tribunal upheld an addition for bogus share trades.

Ignoring Form 35 Notice delivery Preferences Violates Natural Justice

August 29, 2025 336 Views 0 comment Print

The ITAT Ahmedabad set aside an ex-parte order against Shahnawaz Mustakkhan Pathan, ruling that the CIT(A) violated natural justice by sending hearing notices via email despite the assessee’s explicit request not to use that method. The case is now sent back for a fresh hearing.

Cash Deposit in HUF’s Account cannot be taxed in Individual’s Hands: ITAT Ahmedabad

August 29, 2025 813 Views 0 comment Print

ITAT Ahmedabad deletes a tax addition on Pushpakant Punjalal Chokshi, ruling that cash deposits in an HUF account can’t be taxed in an individual’s hands.

ITAT Ahmedabad Quashes Section 270A Penalty for Vague Notice

August 29, 2025 897 Views 0 comment Print

The ITAT Ahmedabad deleted a ₹10.61 lakh penalty against Snehalkumar Bhogilal Trivedi, ruling that a notice citing both under-reporting and misreporting of income was void due to ambiguity.

Mechanical 153D Approval Voids 153A Assessment: ITAT Raipur

August 29, 2025 405 Views 0 comment Print

ITAT Raipur rules that mechanical or “rubber-stamp” approvals under Section 153D are invalid, requiring the approving authority to apply independent mind and provide case-specific reasoning.

Bogus Purchase: AO Cannot Disallow Expenses Solely on Third-Party Info

August 29, 2025 912 Views 0 comment Print

ITAT Bangalore deletes an income tax addition for Maloo Constructions, ruling that purchases were not bogus despite a third-party report. The decision emphasizes that disallowances require more than mere suspicion and must be supported by independent inquiry.

Borrow at 12%, Lend at 5% ITAT Kolkata Partly Upholds Interest Disallowance

August 29, 2025 579 Views 0 comment Print

Borrow at 12%, Lend at 5% ITAT Kolkata Partly Upholds Interest Disallowance – Interest-Free Funds Presumption Applied – ITAT Kolkata Remands Excess Disallowance for Verification

Mere Suspicion not enough to cancel Trust Registration u/s 12AB(4)

August 29, 2025 375 Views 0 comment Print

ITAT Hyderabad quashes the cancellation of John Foundation’s registration, ruling that the action was based on suspicion rather than evidence.

No Section 271(1)(c) Penalty on Estimated Additions for Bogus Purchases

August 29, 2025 933 Views 0 comment Print

The ITAT Mumbai ruled that a penalty cannot be levied on additions made on an estimated basis. The case of Khodiyar Impex vs. ITO clarified that a 3% disallowance on alleged bogus purchases doesn’t constitute concealment of income.

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