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Judiciary

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

January 27, 2026 1242 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 459 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 1893 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 795 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.

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

January 27, 2026 624 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 8211 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 660 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 684 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 1236 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 297 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.

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