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Judiciary

Section 68 Addition Deleted for Want of Cross-Examination; Three Ingredients Proved – ITAT Kolkata

February 21, 2026 423 Views 0 comment Print

The Tribunal reaffirmed that providing PAN, confirmations, bank statements, and financial records satisfies statutory requirements. With no defects found by the AO, the addition was rightly deleted.

U/s 143(1)(a) Adjustment Invalid Without Prior Intimation; No Addition for Bad Debt Already Offered to Tax – ITAT Mumbai

February 21, 2026 378 Views 0 comment Print

The ITAT Mumbai held that CPC cannot make an adjustment under Section 143(1)(a) without issuing prior intimation and considering the assessees response, as mandated by the proviso to the section.

No Transfer U/s 2(47) – Temporary Alternate Flat Not Taxable – ITAT Mumbai

February 21, 2026 4317 Views 0 comment Print

ITAT Mumbai held temporary alternate flat under development deal is not a “transfer” u/s 2(47); notarised agreement gave no ownership, so ₹13.56 lakh addition deleted.

Reopening Invalid: Sec 148 Notice Before Sec 151 Approval Communication – Jurisdictional Defect Fatal – ITAT Kolkata

February 21, 2026 411 Views 0 comment Print

The Tribunal ruled that reopening of assessment is void where the notice under Section 148 was issued prior to communication of sanction under Section 151. Such procedural lapse renders the entire reassessment null and void.

Borrowed Satisfaction and Mechanical U/s 151 Approval Invalidate 147 Reopening – ITAT Kolkata

February 21, 2026 411 Views 0 comment Print

TAT Kolkata ruled that reopening based on unverified foreign information amounted to borrowed satisfaction. Since the sanctioning authority granted approval mechanically, the reassessment was declared void.

Addition U/s 69 for Alleged On-Money Deleted – Third-Party Statements & Pen-Drive Data Without Cross-Examination Held Invalid – ITAT Mumbai

February 21, 2026 912 Views 0 comment Print

ITAT Mumbai deleted Sec 69 addition for alleged on-money, holding third-party statements and pen-drive data without cross-examination or corroboration are invalid evidence.

Defective U/s 271(1)(c) Notice Makes Penalty Void; No Merger on SLP Dismissal – ITAT Chennai

February 21, 2026 345 Views 0 comment Print

The Tribunal clarified that dismissal of an SLP does not amount to declaration of law under Article 141. It distinguished prior rulings and held that defective penalty notices invalidate the levy.

Allotment Date Stamp Value Applies u/s 56(2)(x), Not Registration Value Where Prior Cheque Payment Made – ITAT Mumbai

February 21, 2026 453 Views 0 comment Print

ITAT Mumbai held stamp duty value on allotment date applies u/s 56(2)(x) where full payment was made by cheque before agreement, not registration date value; matter remanded for verification.

Integrated Cooling System Module Held Distinct Product; 80-IC Deduction Allowed – ITAT Chennai

February 21, 2026 276 Views 0 comment Print

The Tribunal emphasized 33%–40% value addition at the UTK unit and scientific assembly processes to conclude that real manufacturing took place. It directed deletion of disallowances made across five assessment years.

Violation of principles of natural justice and erroneous order cannot be reason to bypass alternative remedy

February 20, 2026 1059 Views 0 comment Print

Calcutta High Court held that violation of principles of natural justice and erroneous order cannot be reason for bypassing the statutory remedy of appeal under section 76 of the Andaman and Nicobar Islands Value Added Tax Regulation, 2017. Accordingly, writ petition stands dismissed.

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