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Judiciary

Penny Stock Addition Deleted for Lack of Specific Evidence

January 5, 2026 405 Views 0 comment Print

The issue was whether share sale proceeds could be taxed as unexplained based on general investigation reports. The Tribunal held that without concrete evidence linking the assessee to manipulation, additions cannot survive.

Penalty Quashed for Mismatch Between Notice and Final Charge

January 5, 2026 558 Views 0 comment Print

The issue was whether penalty could be sustained when the notice alleged under-reporting but the order punished misreporting. The Tribunal held such variance impermissible, rendering the penalty void.

153A Addition Deleted for Lack of Incriminating Material

January 5, 2026 243 Views 0 comment Print

The issue was whether LTCG could be taxed in a search assessment without incriminating evidence for the year. The Tribunal held that, absent such material, additions under section 153A are unsustainable.

Section 263 Invoked Because Education Cess Claim Was Not Examined in Limited Scrutiny

January 5, 2026 336 Views 0 comment Print

The Tribunal upheld revision since business expenses were within limited scrutiny and education cess deduction was not verified. The key takeaway is that lack of enquiry on a covered issue makes the assessment erroneous and prejudicial to revenue.

₹1 Crore Commission Addition Rejected for Mere Suspicion

January 5, 2026 681 Views 0 comment Print

The assessing officer estimated commission income by assuming investments were accommodation entries. The tribunal confirmed that additions based on assumptions, without concrete evidence, are legally unsustainable.

Carry-Forward of Losses Allowed Because IBC Resolution Doesn’t Extinguish Tax Rights

January 5, 2026 975 Views 0 comment Print

The key issue was whether approval of an IBC resolution plan automatically wipes out the right to carry forward business losses. The Tribunal held that such rights survive and must be examined under the Income-tax Act, not dismissed as infructuous.

Assessment Quashed for Ignoring Binding DRP Directions

January 5, 2026 549 Views 0 comment Print

The core issue was whether an assessment can survive when DRP directions are disregarded. The Tribunal held that failure to follow binding DRP instructions renders the assessment void ab initio.

Loan Addition Deleted Because Amount Was Repaid in Same Year

January 5, 2026 648 Views 0 comment Print

The issue was whether a loan can be treated as unexplained despite full repayment within the year. The Tribunal held that once receipt and repayment are proved through banking channels, section 68 cannot apply.

Estimated Income Reduced Because Declared Profit Was Ignored

January 5, 2026 255 Views 0 comment Print

The issue was whether declared business income can be overlooked while estimating profits after rejecting books. The Tribunal held that ignoring returned income leads to double taxation and directed its set-off.

Share Capital Addition u/s 68 Fails in Pre-2013 Years: Kolkata ITAT Deletes ₹4.28 Cr

January 5, 2026 321 Views 0 comment Print

The issue was whether the company could be asked to explain the source of shareholders funds for a pre-2013 year. The Tribunal held that the proviso to section 68 is prospective, making the addition unsustainable.

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