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Judiciary

Brought Forward Business Loss Cannot Offset STCG on Depreciated Assets

August 16, 2025 1125 Views 0 comment Print

The ITAT Mumbai has ruled that brought-forward business losses cannot be set off against short-term capital gains from the sale of depreciated assets, upholding the disallowance.

Books Audited, Sales Accepted – ITAT Deletes Section 68 Addition on Demonetisation Deposits

August 16, 2025 705 Views 0 comment Print

 ITAT Delhi upheld the disallowance of setting off brought-forward business losses against short-term capital gains from the sale of depreciated assets, clarifying the inapplicability of Section 41(2).

Penalty Passed Beyond Time Limit under Section 275(1)(c) Held Invalid

August 16, 2025 1131 Views 0 comment Print

 The ITAT Mumbai quashed a penalty against an assessee, ruling that the penalty order was time-barred as it was issued beyond the limitation period specified under Section 275(1)(c).

Section 68 Not Applicable on Recorded Cash Sales – Demonetisation Addition Deleted

August 16, 2025 1536 Views 0 comment Print

The ITAT Delhi deleted a demonetisation-related cash deposit addition for a jeweller, ruling that Section 68 doesn’t apply to recorded sales and that a profit cannot be taxed twice.

Delhi ITAT Quashes Omnibus Penalty Notice & Time-Barred Reopening

August 16, 2025 390 Views 0 comment Print

ITAT Delhi deleted penalties against Sahara India Commercial, citing a defective “omnibus” notice and a time-barred, invalid reassessment based on “borrowed satisfaction.”

Reassessment on Dropped Audit Objection or Borrowed Satisfaction is Invalid

August 16, 2025 537 Views 0 comment Print

ITAT Delhi held the reopening of an assessment invalid for Viramgam Mahesana Project Limited, ruling against borrowed satisfaction and a “change of opinion” by the Assessing Officer.

Unfinalized reassessment proceedings was not a ground to deny DTVSV Scheme Benefits

August 16, 2025 477 Views 0 comment Print

Mere initiation of reassessment proceedings, which remain unfinalized, could not be a ground to deny an assessee the benefits available under the Direct Tax Vivad Se Vishwas (DTVSV) Scheme, 2024.

Cash Withdrawals in Gold Loan Business Not Taxable Under Section 69C: ITAT Mumbai

August 16, 2025 639 Views 0 comment Print

Addition of cash withdrawal under Section 69C in relation to the legitimate gold loan intermediary business was not justified observing that the documentary evidence including gold loan recorded validated gold loan business, thus there was no unexplained nature in the withdrawal.

No Audit Report Needed for Digital Marketing Business Under ₹5 Crore Turnover: Madras HC

August 16, 2025 837 Views 0 comment Print

Anybody carrying on the business of Digital Marketing with cash transactions both on the aspect of receipts and payments in cash below 5% of the turnover, which was below Rs.5 Crores as per the proviso to Section 44 AB (a), the said assessee was not required to file an audit report and they were exempted.

Proviso to Section 12A(2) Applies Only if Assessment Pending on Registration Date

August 15, 2025 900 Views 0 comment Print

ITAT Visakhapatnam ruled a temple trust cannot claim Section 12A exemption for years prior to its registration, unless assessment proceedings were already pending.

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