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Judiciary

Tribunal Applies Real Income Theory, Restricts Additions to 10% of Bogus Purchases

September 27, 2025 843 Views 0 comment Print

Delhi ITAT restores Silverton Pulp And Papers Pvt. Ltd.’s appeal to the CIT(A) to verify the applicability of Section 56(2)(x)(b) to a disputed agricultural land purchase, where the stamp valuation authority valued it as residential.

Verification, Not Estimation – ITAT Delhi Corrects AO’s Approach on Creditors & Expenses

September 27, 2025 549 Views 0 comment Print

The Delhi Income Tax Appellate Tribunal (ITAT), in Shelender Kumar Jain Vs ACIT, has ruled against making adhoc disallowances on verified business expenses.

ITAT Delhi Quashes Reassessments Based on Retracted Statement of Entry Operator

September 27, 2025 783 Views 0 comment Print

ITAT Delhi quashes reassessment orders against three companies. The court ruled that an AO cannot rely solely on a retracted statement to initiate reopening proceedings.

Pre-SCN Consultation Mandatory for Service Tax Demands Over Rs. 50 Lakhs: Bombay HC

September 27, 2025 1095 Views 0 comment Print

Bombay HC set aside high-value SCNs issued without prior consultation. Upholding binding CBIC Circulars, Court ruled that pre-consultation is mandatory for tax demands exceeding ₹50 lakhs, citing SC precedents.

No Independent Verification, No Addition: ITAT Upholds Relief in Penny Stock Case

September 27, 2025 1161 Views 1 comment Print

ITAT Delhi deleted Rs.8 lakh penny stock addition u/s 68. AO relied only on Investigation Wing report. Tribunal rules addition cannot be made without independent verification.

Relief for Senior Citizen: ITAT Limits Cash Deposit Addition, Cites Madras HC Ruling on 115BBE

September 27, 2025 1473 Views 0 comment Print

ITAT Delhi reduced a Rs.11.47 lakh demonetization cash addition to Rs.47,000/− for a senior citizen. Cites Madras HC ruling limiting S. 115BBE rate to transactions after 01.04.2017.

ITAT Deletes Adhoc Additions & Penalty, Allows Business Losses Despite Mis-nomenclature of Expenses

September 27, 2025 519 Views 0 comment Print

The ITAT deleted all additions and the consequential penalty, dismissing the Revenue’s appeal. It upheld the CIT(A)’s deletion of ad-hoc bogus expense additions after verifying evidence under Rule 46A.

ITAT Delhi Deletes ₹25.70 Cr FTS/FIS Additions- Marketing & Reservation Receipts Not FTS

September 27, 2025 516 Views 0 comment Print

Delhi ITAT deleted additions for Marketing/Reservation fees and Travel Agent Commission (TACP) for Six Continents Hotels. The Tribunal ruled the receipts were not FTS/FIS under the India-USA DTAA, applying the rule of consistency.

ITAT Deletes ₹30.65 Lakh Addition: Cash Gift from Grandmother Held Genuine

September 27, 2025 930 Views 0 comment Print

Delhi ITAT deleted a ₹30.65 lakh cash deposit addition made under Section 69A during demonetization. The source was proven to be a gift from the deceased grandmother’s savings of previously taxed rental income, preventing double taxation.

No Penalty u/s 271C for Late Deposit of TDS Already Deducted

September 27, 2025 1137 Views 0 comment Print

): The ITAT set aside a penalty of ₹4.25 lakh levied under Section 271C for non-deduction of TDS. Citing the Supreme Court ruling in U.S. Technologies International Pvt. Ltd., the Tribunal held that Section 271C applies only to the failure to deduct, not the late remittance of already deducted tax.

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