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Judiciary

ITAT Remands Section 50C Issue to DVO Despite Rejecting Earlier Agreement Plea

January 19, 2026 387 Views 0 comment Print

The Tribunal held that when stamp duty value is disputed, the Assessing Officer must refer the matter to the DVO. Fair market value determination is mandatory before sustaining a Section 50C addition.

ITAT Mumbai Allows Section 54 Exemption on Sale of Inherited Flat as LTCG

January 19, 2026 468 Views 0 comment Print

The Tribunal confirmed that only ₹10 lakh received by the assessee could be taxed. Addition based on total sale value was held unsustainable.

Loose Sheet Found from Third Party Cannot Justify Section 69C Addition: ITAT Delhi

January 19, 2026 597 Views 0 comment Print

The Tribunal held that a loose sheet found from a third party cannot justify addition for cash interest without corroborative evidence. Presumption under Sections 132(4A) and 292C cannot be applied against a non-searched assessee.

Share Capital from Promoters Cannot Be Added as unexplained Without Evidence: ITAT Kolkata

January 19, 2026 333 Views 0 comment Print

The Tribunal held that share capital received from promoters cannot be treated as unexplained under section 68 without tangible evidence. Mere suspicion about source of funds or share premium is insufficient.

Advocate’s Office Not a Commercial Establishment for Electricity Tariff: Karnataka HC

January 19, 2026 4146 Views 1 comment Print

The Court held that professional legal work does not convert a residential connection into commercial use. The excess demand raised was ordered to be refunded.

ITAT Mumbai Upholds Dual Commission Addition on Bogus Purchase & Sale Entries

January 19, 2026 651 Views 0 comment Print

The Tribunal restored the Assessing Officers action after finding clear admission of issuing accommodation bills. Commission at 1% was rightly taxed on both bogus purchases and bogus sales.

ITAT Ahmedabad Taxes MOU Receipts as Other Sources as Assessee Lacks Land Ownership Rights

January 19, 2026 309 Views 0 comment Print

Authorities found the land had been sold decades earlier and the MOU acknowledged no possession or rights. The Tribunal affirmed taxation under section 56. The ruling clarifies that an MOU cannot convert non-rights into capital receipts.

Accommodation Entry Case: Reassessment Beyond 3 Years Invalid Without Proper Sanction

January 19, 2026 339 Views 0 comment Print

The reassessment was struck down as sanction was obtained from a Principal Commissioner instead of the competent authority under Section 151. Jurisdictional defect invalidated all subsequent proceedings.

ITAT Ahmedabad Deletes Bogus Purchase Addition Despite Survey Admission of Seller

January 19, 2026 624 Views 0 comment Print

The Tribunal held that a general survey admission by the seller cannot justify additions in every buyers case. Documentary proof of purchases and sales outweighed unsupported allegations.

ITAT Kolkata Quashes Reopening for Unsigned Section 148 Notice, No Disclosure Failure

January 19, 2026 510 Views 0 comment Print

The Tribunal held that an unsigned notice under Section 148 is invalid and does not confer jurisdiction on the Assessing Officer. Consequently, the entire reassessment and additions were quashed as void ab initio.

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