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Judiciary

ITAT Mumbai Quashed Section 263 as Issue Involved Only Inadequate Enquiry

January 28, 2026 399 Views 0 comment Print

The Tribunal held that revision under section 263 is invalid where the Assessing Officer has already conducted enquiries and taken a conscious view. Mere inadequacy of enquiry does not justify revision.

Cash Withdrawals from Disclosed Bank Accounts Not Unexplained: ITAT Mumbai

January 28, 2026 642 Views 0 comment Print

The Tribunal held that cash withdrawn from disclosed bank accounts and duly recorded in books cannot be treated as unexplained money merely due to doubts on utilisation, in the absence of adverse evidence.

CIT(A) Cannot Bypass Jurisdictional Grounds by Simple Remand: ITAT Amritsar

January 28, 2026 315 Views 0 comment Print

The issue was whether the appellate authority could bypass jurisdictional objections by remanding the case. The tribunal held that legal grounds striking at jurisdiction must be adjudicated first.

Bogus Purchases Cannot Be Added u/s 69C When Source of Expenditure Is Explained

January 28, 2026 4035 Views 0 comment Print

The dispute arose from purchases made from vendors with weak tax profiles. The Tribunal held that vendor defaults do not justify section 69C when the assessee proves the source and recording of expenditure.

Repaid Loan with TDS-Proved Interest Cannot Be Treated as Unexplained Cash Credit: ITAT Indore

January 28, 2026 663 Views 0 comment Print

The Assessing Officer accepted multiple loan transactions but treated only one as unexplained. The tribunal held that selective rejection without consistent reasoning was unsustainable.

No Double Taxation of Same Rental Receipt: ITAT Mumbai Directs Deletion of Duplicate Addition on CNIL Licence Fee

January 28, 2026 231 Views 0 comment Print

The Tribunal confirmed that licence fees for use of immovable property fall under house property income. It emphasized that once included in computation, the same amount cannot be added again.

Penalty on Deceased Assessee Void, Section 271AAC Order Quashed: ITAT Mumbai

January 27, 2026 1149 Views 0 comment Print

The Tribunal held that a penalty order issued after the death of the assessee is void ab initio. Since notices were not served on legal heirs, the penalty under section 271AAC was set aside.

Suspicion Cannot Replace Evidence, Ad-Hoc Commission Addition Partly Set Aside

January 27, 2026 348 Views 0 comment Print

The Tribunal held that additions based solely on third-party GST information and suspicion cannot be sustained without independent investigation, restricting estimation to 1% of sales.

Redevelopment Compensation is Capital Receipt, Not Taxable as Income: ITAT Mumbai

January 27, 2026 1506 Views 0 comment Print

The Tribunal ruled that compensation and hardship allowance received during redevelopment are capital receipts and cannot be taxed as income from other sources.

Capital Introduction Explained with Documentary Evidence – Section 68 Addition Deleted

January 27, 2026 690 Views 0 comment Print

Holding in favour of the assessee, the Tribunal clarified that explained capital supported by documentary proof cannot be treated as unexplained income.

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