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Judiciary

One-Day Delay Can’t Deny Justice – ITAT Rajkot Restores NRI’s Case to DRP

October 31, 2025 651 Views 0 comment Print

ITAT Rajkot held that a one-day delay in filing objections before the DRP should not defeat justice. The Tribunal condoned the delay and remanded the case for fresh adjudication, emphasizing that natural justice must prevail over technical lapses.

ITAT Quashes WhatsApp-Based Cash Sale Theory- Digital Gossip Isn’t Tax Evidence

October 31, 2025 4332 Views 0 comment Print

The ITAT Delhi quashed a Rs.5 lakh addition for unrecorded cash sales, ruling that WhatsApp chats are inadmissible as evidence without the mandatory certificate under Section 65B of the Indian Evidence Act. The decision establishes that unverified electronic data cannot sustain tax additions, citing the Supreme Court’s ruling in Arjun Panditrao Khotkar.

Loan from Alleged Entry Providers based on mere Investigation Report ITAT Deletes Addition

October 31, 2025 675 Views 0 comment Print

The ITAT Mumbai dismissed the Revenue’s appeal, ruling that the deletion of a ₹65 lakh addition under Section 68 was proper because the taxpayer established the identity, creditworthiness, and genuineness of the loan transactions. The Tribunal accepted that the loans were received and repaid through banking channels, backed by confirmations, bank statements, and audited financials.

ITAT Dehradun Quashes Section 271(1)(c) Penalty for Non-Specific Charge

October 31, 2025 414 Views 0 comment Print

ITAT Dehradun held that penalty u/s 271(1)(c) was invalid as the AO failed to specify whether it was for concealment or inaccurate particulars, showing lack of application of mind.

Mixed Funds Presumption Saves Interest Disallowance; Loans u/s 68 Found Genuine – ITAT Mumbai

October 31, 2025 339 Views 0 comment Print

The Mumbai ITAT deleted the interest disallowance, applying the principle of consistency because the Revenue had previously accepted the assessee’s classification of net interest income under Income from Other Sources in earlier scrutiny assessments. The court found no justification to deviate from this accepted treatment for the current year.

No Defect in Books, No Section 68 Addition: Relief on Demonetisation Cash Deposits

October 31, 2025 810 Views 0 comment Print

The ITAT Delhi affirmed that a substantial increase in cash sales during demonetisation is insufficient grounds for a Section 68 addition when books of accounts are not found defective. The ruling confirms that genuine cash sales, properly recorded and matching stock/VAT records, cannot be treated as unexplained cash credits.

Donor Not Liable for Party’s Omission: Section 80GGC Deduction Allowed

October 31, 2025 2922 Views 0 comment Print

ITAT Delhi held that a donor cannot be denied deduction merely because the political party failed to record the donation. Verified payment through bank qualifies for 80GGC relief.

Political Donation Deduction Allowed as Donor Proved Payment via Bank Channel

October 31, 2025 2994 Views 0 comment Print

The ITAT Rajkot ruled that a political donation made through a banking channel cannot be disallowed if the donor provides complete evidence of the payment and the recipients registration. The Tribunal held that the donor cannot be penalized for the recipient political party’s failure to report the amount in its own return.

Demonetisation Cash Deposit Genuine: AO Cannot Reject Accepted Petrol Pump Sales

October 31, 2025 831 Views 0 comment Print

ITAT ruled that taxing cash deposits as unexplained credit under Section 68 when underlying sales are already accepted by AO and VAT authorities amounts to illegal double taxation. Decision confirmed that source of demonetised currency deposits was clearly traceable to regular business receipts.

Failure to Follow Rule 46A Procedure Leads to Remand: Tribunal Allows Appeal for Statistical Purposes

October 31, 2025 522 Views 0 comment Print

The Delhi ITAT restored a reassessment appeal to the CIT(A) because evidence was rejected only for lack of a formal Rule 46A application. The Tribunal directed the CIT(A) to admit the additional evidence if the assessee files a proper application within a reasonable time.

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