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Judiciary

Mechanical Sanction Sinks SPLASH MEDIA Penny Stock LTCG Reassessment

August 16, 2025 435 Views 0 comment Print

The Delhi ITAT has invalidated an income tax reassessment for bogus LTCG from penny stocks, ruling that the approving authority’s sanction was mechanical.

Loose Papers from Third Party Insufficient for Income Tax Additions: ITAT Bangalore

August 16, 2025 1278 Views 0 comment Print

Bangalore ITAT deletes additions against Global Star Realtors, holding that loose sheets seized from a third party without corroboration cannot justify tax additions.

Additions Based Solely on Retracted Statements Not Sustainable: ITAT Mumbai

August 16, 2025 789 Views 0 comment Print

In Rajeshkumar Shah vs DCIT, ITAT strikes down cash loan & notional interest additions under Section 69 due to lack of corroborating evidence and unreliable witness statements.

CIT(A) cannot travel beyond Reopening Reasons: ITAT Bangalore

August 16, 2025 5280 Views 0 comment Print

The ITAT Bangalore ruled that a CIT(A) cannot make additions on grounds not specified in the original reopening notice, setting aside additions on share trading deposits.

ITAT Delhi Quashes AMP-related TP addition in Sony India matter

August 16, 2025 729 Views 0 comment Print

ITAT Delhi deleted transfer pricing adjustments made to Sony India, ruling that the intensity adjustment is an invalid substitute for the Brightline Test and that royalty payments were commercially justified.

Sun-Dried Raisins Remain Agricultural Income: No Tax on Traditional Raisin Making

August 16, 2025 537 Views 0 comment Print

The ITAT Bangalore ruled that income from sun-dried raisins is agricultural income, exempt from tax, if a farmer uses traditional methods without machinery.

Inadequacy of enquiry would not confer power of revision Section 263 Revision

August 16, 2025 573 Views 0 comment Print

The Mumbai ITAT set aside a PCIT’s revisionary order against Procter and Gamble, ruling the AO’s original inquiry was adequate and not a basis for revision.

MoU Does Not Trigger Capital Gains Tax; Year of Registered Sale Deed is Relevant

August 16, 2025 876 Views 0 comment Print

ITAT Mumbai ruled that capital gains from a property sale were taxable in the year the sale deed was executed, not the year of the MoU, due to a prior bank lien. The court also clarified tax rates and acquisition costs.

ITAT Mumbai Restricts Bogus Purchase Addition to Profit element 

August 16, 2025 798 Views 0 comment Print

The ITAT Mumbai restricted a bogus purchase addition to the profit element, distinguishing the case from a prior ruling because the assessee provided a source for the payments.

No Penny Stock LTCG Additions on Suspicion or Modus Operandi Alone

August 16, 2025 4008 Views 0 comment Print

The ITAT Mumbai deleted a penny stock addition, ruling that the income tax department’s reliance on suspicion and a general investigation report was insufficient to dislodge the assessee’s proof of genuine transactions.

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