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Judiciary

ITAT Mumbai: Section 68 Additions Collapse – No “Source of Source” for Firms, Evidence Overrides Suspicion

April 27, 2026 186 Views 0 comment Print

The tribunal held that cash deposits cannot be treated as unexplained when sufficient recorded cash receipts exist. Once books support availability, Section 68 additions fail.

Foreign Tax Credit Allowed Despite Delay in Form 67 – Procedural Lapse Not Fatal

April 27, 2026 123 Views 0 comment Print

ITAT Pune rules that delay in filing Form 67 is a procedural lapse and cannot deny Foreign Tax Credit under Section 90; directs AO to grant ₹2.74 lakh FTC after verification, upholding substantive relief despite delay.

Cash Deposits from Car Booking Advances Explained: ITAT Deletes ₹27.40 Lakh Addition u/s 69A

April 27, 2026 132 Views 0 comment Print

ITAT Mumbai deletes ₹27.40 lakh addition under Section 69A, holding cash deposits as genuine business advances for car bookings, duly supported by confirmations, PAN, and invoices; non-response of customers cannot justify addition without proper verification.

ITAT Mumbai: On-Money Addition Crumbles Without Evidence – Platinum Mall Case

April 27, 2026 150 Views 0 comment Print

The ruling clarified that unverified electronic records and third-party statements cannot justify additions without proper verification. The absence of direct linkage and corroboration led to deletion of additions.

Reassessment Quashed: 148 Notice Issued Post 01.04.2021 Without Following New Law Held Invalid

April 27, 2026 228 Views 0 comment Print

ITAT Hyderabad quashes reassessment as Section 148 notice, though dated 31.03.2021, was actually issued on 01.04.2021; failure to follow mandatory Section 148A procedure and obtain proper approval rendered proceedings invalid.

PF/ESI Delay Disallowance Remanded: ITAT Reopens Issue Amid Supreme Court Doubt on Checkmate

April 27, 2026 1398 Views 0 comment Print

ITAT Pune sets aside ₹11.57 lakh disallowance under Section 36(1)(va) for alleged PF/ESI delay, citing conflicting Supreme Court views in Woodland vs Checkmate; matter remanded to CIT(A) for fresh factual and legal adjudication.

Criminal Prosecution was allowed against Jute Mill Directors for alleged non-payment of tax invoice dues

April 27, 2026 231 Views 0 comment Print

A criminal revisional application filed by a firm and its directors for non-payment of tax invoice dues was dismissed as a prima facie case had been made out against assessee, observing that their conduct of denying the transaction after receiving goods indicated a dishonest intention from the inception.

Composite Contracts involving supply of materials couldn’t be taxed under construction service

April 27, 2026 183 Views 0 comment Print

Composite contracts involving supply of materials could not be taxed under construction or other service categories and only the service portion was liable to tax.

Penny Stock Addition Deleted – Documentary Evidence Overrides Suspicion

April 27, 2026 183 Views 0 comment Print

ITAT Hyderabad deletes Section 69A additions in alleged penny stock case, holding that documented share transactions cannot be treated as bogus based on suspicion or general investigation reports without specific evidence against the assessee.

Imposition of higher GST liability for mere wrong availment of ITC not justifiable

April 27, 2026 363 Views 0 comment Print

Madras High Court held that it is not justifiable to impose disproportionate liability under section 74 of the respective GST enactments merely because Input Tax Credit was wrongly availed/ utilized. Accordingly, writ petition partly allowed.

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