Follow Us:

Judiciary

Presumptive Taxation Applied Because Business Receipts Can’t Be Fully Treated as Unexplained

December 19, 2025 255 Views 0 comment Print

The issue was whether entire cash deposits could be added as unexplained despite income being declared under section 44AD. The Tribunal held that presumptive taxation shields routine business deposits, though a reasonable lump-sum addition was justified where receipts were partly unsubstantiated.

Cash Deposits Can’t Be Treated as Unexplained Without Rejecting Books

December 19, 2025 930 Views 0 comment Print

The case revolved around treating bank deposits as unexplained income without following the statutory mandate of rejecting books of account. The Tribunal reaffirmed that compliance with section 145(3) is mandatory before estimation, and granted full relief to the assessee.

893-Day Delay Condoned; Cash Deposits Can’t Be Split Arbitrarily – Profit Estimated at 6%

December 19, 2025 228 Views 0 comment Print

The Tribunal condoned an 893-day delay citing genuine medical reasons and decided the appeal on merits. It held that cash deposits arising from business receipts cannot be split arbitrarily and must be assessed through reasonable profit estimation.

Addition Remanded Due to Lack of Proper Opportunity

December 19, 2025 246 Views 0 comment Print

This case dealt with an addition confirmed without adequate opportunity of hearing. The Tribunal held that passing an order without considering filed replies is unsustainable, and directed a de novo assessment.

Reopening Quashed Due to Total Non-Application of Mind

December 19, 2025 351 Views 0 comment Print

The ITAT held that reassessment was invalid where notices and orders showed shifting facts and no independent reasoning. Changing bases across stages reflected a casual approach that vitiated jurisdiction.

Interest on Enhanced Land Acquisition Compensation Taxable u/s 56(2)(viii)

December 19, 2025 1194 Views 0 comment Print

The issue was whether interest received on enhanced compensation for compulsory land acquisition is exempt from tax. The Tribunal held that after the 2010 amendment, such interest is taxable as income from other sources, not exempt under section 10(37).

Bogus LTCG Allegation Fails: Insight Portal Input Alone Can’t Justify Reopening or Addition

December 19, 2025 369 Views 0 comment Print

The issue was whether reassessment and LTCG addition could rest solely on INSIGHT portal information. The ITAT held that without independent enquiry or corroborative material, such inputs cannot sustain reopening or additions. The key takeaway is that suspicion can-not substitute evidence.

₹18 Crore Unsecured Loan & Purchase Addition Set Aside for Lack of Proper Inquiry

December 19, 2025 396 Views 0 comment Print

The Tribunal considered reliance on investigation wing inputs alleging non-genuine entities. It ruled that adverse material must be shared with the assessee and corroborated through proper enquiry before sustaining additions.

Partner’s Capital Introduction Cannot Be Taxed in Firm’s Hands – Section 68 Addition Deleted

December 19, 2025 858 Views 0 comment Print

The issue was whether partners’ capital contributions could be taxed as unexplained cash credits in the firm’s hands. The ITAT ruled that once partners are identified and capital intro-duction is proved, section 68 cannot be applied to the firm.

No Automatic TDS Liability on EDC Payments Without Proper Fact Finding

December 19, 2025 840 Views 0 comment Print

The Tribunal examined whether non-deduction of TDS on External Development Charges justified treating the payer as an assessee-in-default. It held that the Assessing Officer must first verify whether the payee has already paid tax, as mandated by the proviso to section 201(1).

Search Post by Date
May 2026
M T W T F S S
 123
45678910
11121314151617
18192021222324
25262728293031