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Judiciary

Farrah Marker vs ITO: Section 68 Addition on Penny Stock Sale deleted

April 26, 2025 693 Views 0 comment Print

ITAT Mumbai allowed Farrah Marker’s appeal, deleting the Section 68 addition on share sale, questioning the AO’s reliance on presumptions about penny stocks.

Off-Market Share Transactions Backed by Evidence cannot be treated as illegal or sham

April 26, 2025 2718 Views 0 comment Print

Mumbai ITAT dismisses tax additions on share sale gains and purchase cost, citing assessee’s documentation and accepted source in prior assessment.

Documented Share Transactions via BSE Cannot be Taxed as Bogus on Suspicion

April 26, 2025 696 Views 0 comment Print

Kolkata ITAT rules documented share transactions through BSE and registered broker cannot be taxed as bogus based on suspicion; upholds assessee’s evidence.

Genuine Share Transactions Backed by Evidence valid despite Allegations against Broker

April 26, 2025 741 Views 0 comment Print

Kolkata ITAT dismisses revenue’s appeal, upholds CITA order favoring Shaleen Khemani on gifted share sale proceeds, citing lack of evidence.

Share sale proceeds cannot be treated as undisclosed income without evidence

April 26, 2025 492 Views 0 comment Print

Kolkata ITAT rules in favor of Gautam Kumar Pincha, setting aside addition of share sale proceeds as undisclosed income due to lack of evidence.

LTCG exemption cannot be denied on mere generalisation, human probabilities, suspicion, conjectures & surmises

April 26, 2025 666 Views 0 comment Print

ITAT Kolkata rules on Gaurav Pincha’s LTCG claim, deleting additions made under Section 10(38), citing lack of specific evidence and generalised suspicion.

INR 25 Crore Limit Not Applicable to Additional Duty Under Section 3B: Karnataka HC

April 26, 2025 1236 Views 0 comment Print

Karnataka High Court held that statutory upper limit of maximum stamp duty INR 25 crores under the Karnataka Stamp (Second Amendment) Act, 2022 is not applicable to the additional duty levied under section 3B the Karnataka Stamp Act, 1957.

Application u/s. 9 of IBC dismissed due to pre-existing dispute: NCLAT Delhi

April 26, 2025 798 Views 0 comment Print

NCLAT Delhi held that application under section 9 of the Insolvency and Bankruptcy Code [IBC] is not maintainable due to pre-existing dispute between the parties. Accordingly, the appeal is dismissed.

Addition u/s 69 Deleted: Cash in Locker Proven as Flat Sale Proceeds Assessed to Capital Gains

April 26, 2025 1080 Views 0 comment Print

ITAT Chandigarh held that amount in locker being cash received on sale of flat which is already assessed to capital gain. Accordingly, addition under section 69 of the Income Tax Act towards unexplained cash rightly deleted by CIT(A). Thus, appeal of revenue dismissed.

Providing less than 7 days to reply is against mandate of Section 148A(b): ITAT Raipur

April 26, 2025 1944 Views 1 comment Print

ITAT Raipur held that providing unreasonably short period of time of six days for furnishing reply vide notice issued u/s. 148A(b) of the Income Tax Act is against the mandate of law and hence liable to be set aside.

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