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Judiciary

Illness of authorised signatory justifies second chance: ITAT restores cash-deposit additions to AO

December 13, 2025 150 Views 0 comment Print

Delhi ITAT quashed ex-parte assessments under Sections 144/147/143(3) as the authorised signatory’s serious illness prevented contesting, ensuring a fair opportunity to present evidence.

Law aids the vigilant: ITAT dismisses appeal for persistent non-appearance & upholds additions

December 13, 2025 231 Views 0 comment Print

ITAT Delhi dismissed an appeal where the assessee continuously absented itself, upholding additions under Section 143(3). The case reinforces that tax law protects diligent litigants, not those neglecting their rights.

ITAT Restores Issue to CIT(A) Over Rule 46A Non-Compliance

December 13, 2025 342 Views 0 comment Print

Delhi ITAT restored the matter to CIT(A) after finding that additional evidence was accepted without allowing AO to respond. Procedural safeguards under Rule 46A are essential, even for official records.

Section 147 Proceedings Invalid Due to Limitation, ₹3.34 Cr Addition Dropped

December 13, 2025 297 Views 0 comment Print

The Tribunal admitted an additional legal ground under Rule 11, allowing examination of the Section 148 notice on admitted facts. Since the notice was issued after the limitation period, the reassessment order and ₹3.34 crore additions were set aside.

Human probability matters: ITAT upholds deletion of ₹87.34 lakh cash-deposit addition

December 13, 2025 336 Views 0 comment Print

Tribunal upheld CIT(A)’s deletion of addition under Section 69A for cash deposits from painting sales, ancestral jewellery, and customary gifts. Revenue failed to challenge the well-supported factual findings.

ITAT Confirms Section 68 Additions for Unexplained Cash During Demonetisation

December 13, 2025 399 Views 0 comment Print

ITAT Ahmedabad upheld ₹59.9 lakh addition from demonetisation-period cash deposits and GP estimation, confirming the rejection of unverifiable books due to abnormal sales and fraudulent stock.

Cash receipts belonging to Partnership Firm cannot be taxed in hands of partner

December 13, 2025 714 Views 0 comment Print

ITAT ruled that cash recorded in a partner’s name during survey cannot be taxed in his hands when the amounts relate to the firm’s land sales and are recorded in the firm’s books. The key takeaway: assess income in the correct entity.

No Section 271D Penalty on Cash Payment under Pre-Amendment Property Agreement

December 13, 2025 906 Views 0 comment Print

ITAT held that the obligation to receive cash was rooted in an agreement executed before the 2015 amendment to Section 269SS. Since reasonable cause existed, penalty under Section 271D was not sustainable.

ITAT Overturns Section 69A and 115BBE Addition on Petrol Pump Deposits

December 13, 2025 477 Views 0 comment Print

ITAT Ahmedabad ruled that detailed stock, sales, VAT, and bank records satisfactorily explained cash deposits of ₹2.07 crore, overturning additions made by AO and CIT(A).

Belated Form 10B Doesn’t Warrant Taxing Entire Receipts

December 13, 2025 333 Views 0 comment Print

ITAT Pune held that late filing of Form 10B cannot result in taxing the entire gross receipts; assessment must be made on net surplus after allowing expenses.

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