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Judiciary

Land Acquisition Act Section 28 Interest is Not ‘Interest’: Tribunal Deletes Entire Addition as Capital Receipt

December 3, 2025 996 Views 0 comment Print

Tribunal holds that Section 28 interest forms part of compensation for compulsory acquisition and cannot be taxed as income from other sources. Confirms exemption under Section 10(37).

PAN Mismatch Is Not Enough: Tribunal Orders Verification Before Treating Bank Deposits as Unexplained

December 3, 2025 330 Views 0 comment Print

ITAT holds that ignoring a valid online reply and supporting records vitiates reassessment; AO must first verify whether deposits were already in books before taxing. Key takeaway: non-consideration of evidence makes additions unsustainable.

Misapplied Circular 19/2017: Commercial Transaction Ignored – Tribunal Remands 2(22)(e) Addition 

December 3, 2025 354 Views 0 comment Print

Tribunal holds that the CBDT circular exempting commercial transactions was wrongly ignored; AO must re-verify if the shareholder loan was a genuine business accommodation before taxing under Section 2(22)(e).

Approval Granted as Fundraising Kathas Not ‘Religious Purpose’: Tribunal Clarifies u/s 80G Eligibility

December 3, 2025 498 Views 0 comment Print

ITAT ruled that organising Kathas or Yagnas for charitable fundraising does not constitute a religious object under Section 80G. The trust’s dominant objects were charitable, and expenditure on religious events was minimal. Approval under 80G(5) was therefore directed by the Tribunal.

No addition for Demonitization Cash deposit when books not rejected: ITAT Pune

December 2, 2025 666 Views 0 comment Print

ITAT Pune ruled that cash deposits during the demonetization period were in Rs. 100 and Rs. 2,000 notes, reversing prior additions made under section 68.

JAO Lacked Power Post-29.03.2022: ITAT Quashes 148 Notice & Entire Proceeding

December 2, 2025 567 Views 0 comment Print

The ITAT held that notices under Section 148 issued by JAO post-29.03.2022 lacked jurisdiction. Consequently, the reassessment was annulled, emphasizing only Faceless Assessing Officers can issue such notices.

132(4) vs 153C Gap Closed: ITAT Deletes ₹8.82 Lakh addition after Telescoping

December 2, 2025 567 Views 0 comment Print

The Tribunal deleted ₹8,82,278/- addition after assessing income under two heads. Initially, the A.O. and CIT(A) had sustained the addition as unexplained. Key takeaway: all income heads must be considered during reconciliation after a search.

Email Missed, Registration Denied: ITAT Orders Fresh Section 12A & 80G Hearing

December 2, 2025 450 Views 0 comment Print

The ITAT set aside CIT(E) orders denying Section 12A registration and 80G approval due to non-receipt of document requests, allowing the trust a fresh opportunity to comply.

ITAT Admits New Evidence, Sends Rs. 90 Lakh Addition Back to AO

December 2, 2025 312 Views 0 comment Print

Parasnath Fuels Pvt. Ltd. Vs DCIT (ITAT Dehradun) Rule 29 Rescues Assessee- Loans Need Fresh Look: ITAT Admits New Evidence, Sends Rs.90 Lakh Addition Back to AO Assessee appealed against NFAC order dated 08.10.2024 sustaining addition of Rs.90,00,000/- u/s 68 r.w.s 115BBE towards unsecured loans from M/s Yogya Shippings Pvt. Ltd. (Rs.50 lakh) & M/s […]

DRP failed to adjudicate objections of assessee hence matter remitted back

December 2, 2025 474 Views 0 comment Print

ITAT Delhi held that DRP is a quasi-judicial authority and is required to issue directions on all the objections raised by assessee. Failure to adjudicate certain components results into violation of principles of natural justice. Accordingly, matter set aside to file of DRP.

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