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Judiciary

Day of arrival to be excluded while computing period stayed in India: ITAT Delhi

January 31, 2026 771 Views 0 comment Print

ITAT Delhi held that day of arrival should be excluded while computing number of stayed in India. Accordingly, the status of assessee is non-resident. Thus, the appeals of the assessee is allowed.

Recorded Sales Cannot Be Taxed Again U/s 68; Additions Based Only on Third-Party Statement Deleted

January 30, 2026 942 Views 0 comment Print

The Tribunal confirmed deletion of additions where the AO made no effort to verify consignees, transporters, or stock movement. Proper documentation and bank-received sale proceeds proved transaction genuineness.

WhatsApp chat retrieved from third party not sufficient for addition: ITAT Ahmedabad

January 30, 2026 3291 Views 0 comment Print

ITAT Ahmedabad held that addition made on the basis of third-party WhatsApp chat without any incriminating material is unsustainable in law. Accordingly, order of CIT(A) upheld and appeal of revenue is dismissed.

Rental Receipts from IT Parks – Business Income or House Property?

January 30, 2026 387 Views 0 comment Print

The Tribunal examined whether lease rent and allied charges from an IT Park were business income or property income. It held that systematic commercial operation with integrated services warrants business income treatment.

On-Money Addition for Flat Purchase Deleted; Builder’s General Statement Alone Not Enough

January 30, 2026 1014 Views 0 comment Print

The issue was whether section 68 could be invoked for alleged on-money payments absent direct evidence. The Tribunal ruled that in the absence of corroborative material, the addition must be deleted.

Bogus Purchase Cases: Only Profit Element Taxable; 4% GP Addition Upheld

January 30, 2026 846 Views 0 comment Print

The issue was whether the full value of alleged bogus purchases could be added to income. The Tribunal upheld that only the profit element embedded in such purchases is taxable, not the entire purchase value.

Eight-minute delay in Return filing cannot justify denial of loss carry forward: Bombay HC

January 30, 2026 3720 Views 0 comment Print

The Court ruled that a marginal eight-minute delay in filing the return could not justify denial of loss carry forward. The order rejecting condonation was set aside to prevent disproportionate hardship.

Assessment on Amalgamated Company Held Void for Lack of Jurisdiction

January 30, 2026 489 Views 0 comment Print

The issue was whether a reassessment could be framed in the name of a company that had ceased to exist due to amalgamation. ITAT held such an assessment void ab initio, quashing the entire proceedings.

Penalty for Non-Compliance Deleted as Venial Breach Where Assessments Accepted Returned Income

January 30, 2026 927 Views 0 comment Print

ITAT Mumbai deleted ₹20,000 yearly penalties where assessments under section 153C accepted returned income with no additions, holding notice non-compliance as merely technical.

Average price of Kingsman Publication report and NYBOT to be considered for computing ALP

January 30, 2026 255 Views 0 comment Print

ITAT Delhi affirmed direction of CIT(A) to take average of prices reported in Kingsman Publication report and New York Board of Trade [NYBOT] price after converting FOB as per Comparable Uncontrolled Price [CUP] for purpose of computing ALP on issue of import sugar.

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