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Judiciary

No Rule 46A Violation Where AO Ignored Remand Opportunities: ITAT Dehradun

January 27, 2026 540 Views 0 comment Print

The ruling clarifies that Rule 46A is not breached when additional evidence is remanded but the Assessing Officer fails to respond. Relief granted by the CIT(A) in such cases remains valid.

Section 69A Addition Quashed Where Property Payment Was Deferred & Paid Subsequently

January 27, 2026 8061 Views 0 comment Print

Whether outstanding purchase consideration can be treated as unexplained money. Addition quashed. Takeaway: Deferred payments later settled via banks with TDS cannot be taxed on suspicion.

Only Profit in Brokerage Receipts Taxable, Not Gross Amount: ITAT Hyderabad

January 27, 2026 594 Views 0 comment Print

The issue was whether entire brokerage receipts credited to a bank account could be taxed as income. The Tribunal held that only the profit element is taxable and estimated income at 25% of gross commission.

Reopening Invalid Where Capital Gains Already Disclosed and Taxes Paid

January 27, 2026 648 Views 0 comment Print

The Tribunal quashed reassessment proceedings after finding that the Assessing Officer already possessed complete information before issuing notice under section 148.

Lal Dora Property to Be Valued as Agricultural/Residential for Section 50C

January 27, 2026 1083 Views 0 comment Print

The issue was whether commercial usage converts agricultural or residential Lal Dora land into commercial property for stamp duty valuation. The Tribunal ruled that unless revenue records are amended, the original land classification prevails.

Bank Account Used as Conduit: Entire Credits Not Taxable; Only Commission Income Assessable

January 27, 2026 234 Views 0 comment Print

The ITAT held that gross bank credits cannot be treated as unexplained income where evidence shows the assessee merely facilitated transactions for a third party. Only a reasonable commission was directed to be taxed.

Presumptive Taxation under Section 44AD Shields Business Receipts from Separate Additions

January 27, 2026 453 Views 0 comment Print

Addressing alleged cash discrepancies and debtor recoveries, the Tribunal held that such amounts form part of presumptive business receipts. Without books or adverse evidence, additions were unjustified.

Direct ITAT Appeal Rejected Due to Failure to Approach DRP

January 27, 2026 351 Views 0 comment Print

The Tribunal held that when an eligible assessee fails to file objections before the DRP within time, a direct appeal to the Tribunal is barred. Non-compliance with section 144C renders the appeal non-maintainable.

Unsecured Loans Examined in Earlier Assessments Cannot Be Re-added on Same Material

January 27, 2026 219 Views 0 comment Print

The issue was whether unsecured loans could be added again after being accepted in prior proceedings. The Tribunal ruled that absence of new material bars reassessment on identical facts.

PF Contribution Paid Within Due Date Cannot Be Disallowed Merely Due to Typographical Error

January 27, 2026 1002 Views 0 comment Print

The Tribunal held that PF contribution paid within the statutory due date cannot be disallowed due to a clerical mistake. Bank records proved timely payment, nullifying the addition.

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