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Unexplained investment addition of ₹12.30 Cr deleted – Funds for software project proved; Rule 46A objection rejected – ITAT Delhi

February 14, 2026 438 Views 0 comment Print

The Tribunal confirmed that once identity, source, and movement of funds are established through records, treating the investment as unexplained is unjustified. Revenues appeal was dismissed.

GSTAT Orders ₹12.20 Lakh Profiteering Refund for Failure to Pass ITC Benefit

February 14, 2026 339 Views 0 comment Print

The Tribunal held that the contractor failed to fully pass on GST input tax credit benefits under Section 171. It directed refund of ₹9.36 lakh proportionate amount with interest for completed work.

Extended Limitation Invalid After Departmental Audit: CESTAT Sets Aside Service Tax Demand

February 14, 2026 750 Views 0 comment Print

The Tribunal held that once records were audited and within departmental knowledge, extended limitation under Section 73 could not be invoked again, rendering the demand time-barred.

ITAT Allows Full Leave Encashment Exemption Because ₹25 Lakh Limit Applies

February 14, 2026 7146 Views 5 comments Print

The Tribunal held that CPC wrongly applied the outdated ₹3 lakh ceiling despite Notification No. 31/2023 enhancing the limit to ₹25 lakh. Since the retirement benefit was within the revised cap, full exemption under Section 10(10AA) was directed.

Section 56(2)(viia) Addition Upheld – Shares Allotted Below FMV Taxable: ITAT Kolkata

February 14, 2026 363 Views 0 comment Print

The ITAT held that fresh allotment of shares at a value below fair market value attracts Section 56(2)(viia). The term receives includes allotment, and the differential amount was rightly taxed as income from other sources.

Assessment Quashed – Invalid Notice u/s 143(2) by Non-Jurisdictional AO: ITAT Kolkata

February 14, 2026 351 Views 0 comment Print

The ITAT held that absence of a valid notice under Section 143(2) is a jurisdictional defect. Since the notice was not properly issued by the competent officer, the entire assessment was declared void ab initio.

Section 68 Addition Deleted – Source of Source Not Required for AY 2014-15: ITAT Delhi

February 14, 2026 471 Views 0 comment Print

The Tribunal ruled that proving source of source was not mandatory for AY 2014-15. Since identity, creditworthiness, and genuineness were established, unsecured loan additions were deleted.

Depreciation on Non-Compete Fee Allowed – Revenue-Neutral View Accepted: ITAT Delhi

February 14, 2026 267 Views 0 comment Print

The Tribunal allowed depreciation on non-compete fees despite Supreme Court ruling it as revenue expenditure, citing practical difficulty and revenue-neutral impact. Revenues appeal was dismissed.

Double Taxation Avoided – Reversal of Provision Not Taxable Again: ITAT Mumbai

February 14, 2026 420 Views 0 comment Print

The Tribunal held that once provisions were disallowed and taxed in an earlier year, their subsequent reversal cannot be taxed again. It directed withdrawal of income offered to prevent double taxation.

Penalty u/s 270A on PF/ESI Disallowance Deleted – Mere Disallowance Not Misreporting: ITAT Chennai

February 14, 2026 780 Views 0 comment Print

Penalty was imposed alleging misreporting due to belated PF/ESI remittance. The Tribunal ruled that a disclosed claim later disallowed does not fall under any clause of Section 270A(9), and deleted the penalty.

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