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Judiciary

ITAT Nagpur Protects Small Taxpayer: Physical Notices Mandatory When Opted

September 23, 2025 585 Views 0 comment Print

The ITAT in Nagpur has quashed an ex parte order against a small taxpayer, an auto driver with limited education, whose appeal was dismissed by the CIT(A). The tribunal ruled that the failure to serve notices in the preferred physical mode, as requested by the assessee, was a violation of natural justice, rendering the dismissal invalid.

Year-Shift in GST Reporting Requires Detailed Reconciliation: ITAT Hyderabad

September 23, 2025 357 Views 0 comment Print

The ITAT Hyderabad has sent a case involving a GST and Income Tax turnover mismatch back to the Assessing Officer for a detailed reconciliation, accepting the assessee’s claim that the discrepancy was due to a ‘year-shift’ in reporting export sales, not an income omission.

Late Notice in Demonetisation Case Renders Assessment Void Ab Initio: ITAT Lucknow

September 23, 2025 456 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Lucknow has quashed an income tax assessment against Suraiya Begum, who had deposited Rs.13.08 lakh in her bank account during demonetization.

Less than 15-Day Notice Violates Natural Justice: ITAT Set Aside CIT(A) Order

September 23, 2025 903 Views 0 comment Print

The ITAT in Raipur has set aside an ex parte order from the CIT(A) against Amriteshwaryai Mining. The tribunal ruled that issuing notices with less than 15 days’ time to respond violated principles of natural justice, restoring the appeal for a fresh adjudication on its merits.

Business Necessity Justifies Cash Payments: ITAT Deletes Section 40A(3) Addition

September 23, 2025 1782 Views 0 comment Print

ITAT Lucknow deleted an addition of ₹27.34 lakh under Section 40A(3), ruling that cash payments for land were justified by business expediency and genuine transactions.

Mere Belated Filing Cannot Block Section 80P Deduction: ITAT Nagpur

September 23, 2025 1290 Views 0 comment Print

The tribunal referenced a Kerala High Court precedent, holding that a belated return is still valid for claiming statutory deductions as long as assessment proceedings are pending.

Limited Scrutiny Breach: AO Cannot Travel Beyond Statutory Scope – ITAT Raipur

September 23, 2025 864 Views 0 comment Print

The ITAT Raipur quashed an addition under Section 68, ruling that the AO overstepped jurisdiction by expanding a limited scrutiny case without approval. The addition was deemed invalid.

ITAT Raipur Condoned 109-Day Delay Caused by Form 35 Email Issue

September 23, 2025 513 Views 0 comment Print

The ITAT in Raipur has condoned a 109-day delay in filing an appeal for Das Processors, noting that a technical glitch in Form 35 prevented email receipt. The tribunal also reinforced that the CIT(A) is obligated to decide appeals on their merits and cannot summarily dismiss them for non-prosecution.

ITAT Pune Allows Gratuity Trust Exemption Despite Technical Error in Return

September 23, 2025 699 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) in Pune has ruled that a validly approved gratuity fund’s income exemption under Section 10(25)(iv) cannot be denied due to a technical error, such as quoting a wrong section in the income tax return (ITR) or the non-filing of Form 10B.

CIT(A) Cannot Dismiss Appeals Mechanically: ITAT Raipur Restores Penalty Appeal

September 23, 2025 720 Views 0 comment Print

The ITAT Raipur restored a penalty appeal to the CIT(A) for fresh adjudication after find-ing the dismissal was an ex parte order. The Tribunal ruled that a CIT(A) cannot summar-ily dismiss an appeal for non-prosecution but must adjudicate on merits.

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