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Judiciary

Addition u/s 68 Must Match Relevant Year – Premium Deleted, Capital Issue Remanded

September 23, 2025 303 Views 0 comment Print

In Aadinath Gems Vs ITO, ITAT Mumbai deleted an unexplained cash credit addition under Section 68 for an amount from a prior year, while remanding the share application money dispute to the AO for fresh verification.

No Double Taxation – Perquisites Taxed in Director’s Hands – ITAT Deletes Disallowance u/s 37

September 23, 2025 450 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Delhi, in the case of Dalmia (Bros) Pvt. Ltd. vs DCIT, ruled that expenses on vehicle maintenance and club fees, when taxed as perquisites in the hands of directors and employees,

AO Cannot Reject Books merely for Fall in GP/NP Rates: ITAT Delhi

September 23, 2025 597 Views 0 comment Print

The ITAT Delhi dismissed the revenue’s appeal against D&Y Technologies, confirming that the Assessing Officer cannot reject a company’s books of account based solely on a decline in profit rates or disallow director’s salary without evidence that the payment was not for business purposes.

No Extra 14A Disallowance When Suo-Moto Exceeds Exempt Income: ITAT Mumbai

September 23, 2025 429 Views 0 comment Print

The ITAT Mumbai ruled in favor of Bennett Coleman & Co. Ltd., holding that a further Section 14A disallowance is unwarranted when the assessee’s own disallowance exceeds the exempt income.

Reassessment on Illiquid Derivatives Set Aside as notice was time-barred

September 23, 2025 747 Views 0 comment Print

The ITAT Mumbai ruled in favor of Nilesh Shirish Mehta, setting aside a reassessment order for AY 2015-16. The tribunal found the Section 148 notice, issued after April 1, 2021, to be time-barred and invalid based on concessions made by the Department before the Supreme Court in the case of Union of India v. Rajeev Bansal.

Notices Sent to Ex-Employee’s Email Invalid; Reassessment Set Aside

September 23, 2025 594 Views 0 comment Print

The Delhi High Court set aside the entire reassessment process against Siam Stock Holdings Ltd. after finding that all official notices were sent to a former employee’s email address, violating principles of natural justice and rendering the proceedings invalid.

ITAT Ahmedabad Quashes ₹2.99 Cr Share Capital Addition – No “Source of Source” for AY 2009-10

September 23, 2025 462 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Ahmedabad dismissed the Revenue’s appeal, confirming the deletion of additions made under Section 68 of the Income Tax Act.

Benefit of GST Amnesty Scheme could not validly operate with a prescribed retrospective cut-off date

September 23, 2025 666 Views 0 comment Print

Benefit of CBIC Notification dated 2 November 2023 extending limitation for filing appeals up to 31 January 2024 could not be denied merely because adjudication order was passed after 31 March 2023; appeals restored subject to compliance with pre-deposit conditions.

Section 143(3) Scrutiny Assessment Overrides CPC Adjustment: ITAT Hyderabad

September 23, 2025 696 Views 0 comment Print

Tribunal held that once a scrutiny assessment under Section 143(3) allows a claim, any earlier disallowance by CPC under Section 143(1) merges into it and loses force.

Loans received & repaid cannot be treated as accommodation entries: ITAT Ahmedabad

September 23, 2025 1350 Views 0 comment Print

The ITAT Ahmedabad has deleted a ₹55 lakh addition made under the “accommodation entry” theory, ruling that the repayment of loans through banking channels negated any benefit to the assessee, thereby making the addition and the reassessment legally unsustainable.

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