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Judiciary

ITAT Delhi Deletes Share Capital & 56(2)(viib) Additions: DCF Valuation Upheld

January 23, 2026 444 Views 0 comment Print

The case examined whether the Assessing Officer could reject a DCF valuation. The Tribunal held that commercial valuation choices, if legally prescribed and supported, cannot be second-guessed.

Section 69A Addition on Seized Cash Notings Quashed: Tea Estate Receipts Not Taxable in Director’s Hands

January 23, 2026 564 Views 0 comment Print

The Revenue treated seized cash entries as unexplained income under Section 69A. The Tribunal ruled that receipts from agricultural activities are exempt and cannot be taxed merely based on seized notings.

Penalty Deleted Where Income Already Disclosed & Additions Lead to Double Taxation

January 23, 2026 606 Views 0 comment Print

The Tribunal held that penalty cannot survive where sales were already offered to tax and later added again under section 68. The key takeaway is that double taxation cannot result in penalty when no tax was sought to be evaded.

Section 43B Satisfied When Gratuity Liability Is Genuinely Discharged: ITAT Delhi

January 23, 2026 459 Views 0 comment Print

The Tribunal held that gratuity liability transferred to another employer on employee transfer constitutes valid discharge. Deduction cannot be denied merely because payment was not made directly to the employee.

DRP Final Orders Quashed as Time-Barred Under Sections 144C & 153

January 23, 2026 897 Views 0 comment Print

The issue was whether final DRP-based assessments passed beyond statutory timelines are valid. The Tribunal held that limitation under Section 144C must be read with Section 153, rendering delayed final orders void.

ITAT Kolkata Allowed Section 54 Exemption Despite Incomplete House Construction

January 23, 2026 4308 Views 0 comment Print

The tax authorities denied Section 54 relief citing delay in completing construction. The Tribunal ruled that Section 54 is a beneficial provision and does not mandate full completion within three years.

ITAT Pune Remands Capital Gains to AY 2011-12; Revised Computation Allowed

January 23, 2026 483 Views 0 comment Print

The Tribunal held that a registered JV agreement with possession in 2011 constituted transfer under section 2(47). Capital gains could not be taxed in AY 2017-18 and had to be aligned to the correct year.

Change of Opinion: ITAT Pune Quashes Reassessment; Section 68 & 40(a)(ia) Additions Fail

January 23, 2026 573 Views 0 comment Print

The issue was whether reassessment could be reopened on matters already examined in scrutiny. The Tribunal held that without fresh tangible material, reopening amounts to change of opinion and is invalid.

ITAT Mumbai Quashes Reopening Beyond 4 Years; Sub-Contract Disallowance Deleted

January 23, 2026 447 Views 0 comment Print

The Tribunal deleted the disallowance after finding that work orders, invoices, and bank payments established genuineness of expenses. The ruling clarifies that suspicion alone cannot override documentary evidence.

Notional JDA Income Not Taxable Without Real Accrual: ITAT Pune

January 23, 2026 453 Views 0 comment Print

The issue was whether notional income booked on a joint development agreement can be taxed before project commencement. The Tribunal held that only real income can be taxed and deleted the disallowance.

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