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Judiciary

Penalty U/s 271(1)(b) Deleted – Non-compliance Excused Due to Reasonable Cause (Ignorance & Cash-based Livelihood

April 24, 2026 168 Views 0 comment Print

The tribunal held that penalty for non-appearance cannot be sustained when reasonable cause exists. Ignorance of proceedings and factual circumstances justified relief.

Cash Seizure Case: HC Cuts Addition to Actual Seized Amount, Rejects Inflated Estimate

April 24, 2026 228 Views 0 comment Print

The High Court held that once the assessee failed to explain the source, addition was justified only to the extent of cash actually seized. It ruled that the AO cannot arbitrarily add a higher amount than the proven seized sum.

Section 56(2)(viib) Not Applicable to Old Share Application Money – Addition Deleted

April 24, 2026 177 Views 0 comment Print

The Tribunal held that CIT(A) cannot sustain addition under Section 68 without issuing notice under Section 251(2). It also noted that the AO had already accepted evidences of investors.

Delay Cannot Defeat Justice – Ex-Parte Addition u/s 69 Set Aside for Fresh Examination

April 24, 2026 150 Views 0 comment Print

ITAT Mumbai held delay and ex-parte orders cannot override justice. ₹64.8 lakh addition u/s 69 set aside; case remanded for fresh examination, giving assessee opportunity to submit evidence.

Demonetised Cash from Members Not Unexplained: ITAT Upholds Deletion under Section 68

April 24, 2026 159 Views 0 comment Print

ITAT condoned an 820-day delay due to a bona fide jurisdictional mistake. It held that SBN deposits from members cannot be treated as unexplained when the source is properly explained.

CIT(A) Cannot Dismiss Appeal for Non-Prosecution – Must Decide Reopening Validity on Merits

April 24, 2026 165 Views 0 comment Print

The CIT(A) upheld additions without discussing merits or legal issues. The Tribunal ruled that a speaking order is mandatory and remanded the matter for fresh adjudication.

Reopening Cannot Be Quashed Using New Law Retrospectively – Matter Remanded to CIT(A)

April 24, 2026 228 Views 0 comment Print

The reassessment notice issued within four years was wrongly quashed by applying amended law. The Tribunal restored the matter, emphasizing correct application of applicable provisions.

Revised ITR u/s 139(5) was allowed only for errors in the original return

April 24, 2026 252 Views 0 comment Print

A taxpayer could submit a revised return u/s 139(5) only when it discovered a bona fide omission or incorrect statement in the original return submitted u/s 139(1).

Only TDS Component Taxable When Assessee Acts as Facilitator; Section 57 Disallowance Partly Deleted

April 24, 2026 90 Views 0 comment Print

The tribunal held that claiming TDS credit creates presumption of income in the assessee’s hands. The key takeaway is that TDS benefit must be explained or it becomes taxable.

Ad-hoc Estimation of Agricultural Income Rejected: ITAT Deletes Section 69A Addition

April 24, 2026 291 Views 0 comment Print

The tribunal held that arbitrary estimation of agricultural income without supporting data is unsustainable. It ruled that additions cannot be made based on guesswork without evidence.

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