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Judiciary

Addition Based Solely on Husband’s Statement During Survey u/s 133A Unsustainable: ITAT Guwahati

February 5, 2026 375 Views 0 comment Print

The tribunal held that additions made solely on the basis of a statement recorded from an employee during survey proceedings are unsustainable in law. Statements by non-assessees cannot justify undisclosed income additions without independent corroboration.

Protective Additions u/s 68 & 69C Invalid Once Substantive Addition Sustained: ITAT Mumbai

February 5, 2026 273 Views 0 comment Print

ITAT Mumbai held that protective additions under Sections 68 and 69C cannot survive once substantive additions are confirmed in the hands of beneficiaries. The ruling prevents double taxation of the same income and limits misuse of protective assessments.

No indefinite pretrial detention when existence of proceeds of crime is doubted

February 5, 2026 300 Views 0 comment Print

Delhi High Court held that there cannot be indefinite pretrial detention when the existence of proceeds of crime itself is seriously in doubt. Accordingly, continued detention is not warranted hence bail application allowed and regular bail granted.

No Artificial Split of Bank Credits; Entire Deposits Treated as Business Receipts @ 4%

February 5, 2026 321 Views 0 comment Print

The Tribunal held that when no other income source exists, bank deposits linked to business cannot be taxed separately. Estimation must reflect commercial realities of the trade.

Demonetisation Cash from Property Sale Explained; Addition Deleted Despite Time Gap

February 5, 2026 294 Views 0 comment Print

The case involved rejection of cash deposits due to alleged improbability of holding cash. The Tribunal ruled that presumptions cannot override a registered sale deed and disclosed capital gains.

Section 12A/80G Cannot Be Rejected Solely for Lack of Past Activity: ITAT Chandigarh

February 5, 2026 408 Views 0 comment Print

The Tribunal emphasized that registration decisions must consider all relevant evidence. Mechanical rejection without full appraisal was held unsustainable.

145(3) Upheld but 1% NP Excessive; Beer Trader’s Margin Rationalised to 0.50%

February 5, 2026 315 Views 0 comment Print

Unexplained cash deposits and rent discrepancies led to rejection of books under section 145(3). However, the Tribunal held that estimating profits at 1% was excessive and moderated it to 0.50%.

Section 68 Addition Deleted; Loans from Alleged Entry Providers Accepted on Consistency

February 5, 2026 414 Views 0 comment Print

he Tribunal held that unsecured loans could not be treated as unexplained cash credits when identity, creditworthiness, and genuineness were duly proved. Consistency with earlier rulings involving the same lenders led to deletion of the addition.

Section 56(2)(vii)(b) Automatic, but DVO Reference Mandatory When Valuation Disputed

February 5, 2026 606 Views 0 comment Print

The Tribunal held that section 56(2)(vii)(b) applies automatically when stamp value exceeds purchase price. However, it remanded the matter for DVO valuation to ensure fair determination of market value.

Unsigned Agreement = No Incriminating Material; ALV Addition in 153A Unsustainable

February 5, 2026 285 Views 0 comment Print

The dispute concerned enhancement of house property income based on an unsigned lease found during search. The Tribunal held that such a document has no evidentiary value and cannot support additions.

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