ITAT Pune held that filing a revised return after the Department detects wrong deductions is not voluntary. Since the assessee acted only after detection, penalty u/s 270A(9) for misreporting was rightly imposed at 200% of tax.
ITAT Pune held that reopening based on old investigation data was invalid where transactions were already verified under Section 153A. The Tribunal found the penny stock gains genuine as supported by Demat, bank, and STT records.
CAAR Delhi held that Spectrum Analysers designed for 3GPP/LTE/5G NR telecom testing are specially designed for telecommunications and must be classified under Customs Tariff Item 9030 40 00. The ruling rejects departmental claims of general-purpose use and reaffirms the principle that a specific tariff entry prevails over a residuary one.
CAAR Delhi holds that the R&S® CMA180 Radio Test Set, designed for testing two-way radios and communication systems, is “specially designed for telecommunications” and must be classified under CTI 9030 40 00, rejecting the department’s claim for general-purpose classification.
Lawyer’s office constituted a professional, not commercial, activity, and use of an air-conditioned basement for such purpose did not violate Section 252 of the NDMC Act when consistent with MDP 2001 and Building Byelaws, 1983.
Rohde & Schwarz India sought an Advance Ruling on classifying the PVT 360A Performance Vector Tester under Customs Tariff Item (CTI) 9030 40 00 (specially designed for telecommunications) for nil Basic Customs Duty (BCD), instead of the residual CTI 9030 89 90 (other instruments).
Where the property was not actually let out, and was treated as self-occupied property, in case of vacant property, the annual value under section 23(1)(a) must be determined on the basis of the Municipal Rateable Value and not market rent.
The ITAT Bangalore deleted a Rs.7.46 lakh addition made on demonetisation cash deposits, ruling that cash from accounted sales in audited books cannot be deemed unexplained income simply due to being deposited during the demonetisation period. The Tribunal also deleted a Rs.4 lakh addition on lorry cost, finding the refund of an advance was correctly reflected in the genuine cash book.
The ITAT Bangalore set aside an ex-parte assessment, which included additions for low profit and demonetisation cash deposits, after the assessee cited the genuine reason of his son’s death and subsequent health issues for non-compliance. The Tribunal restored the case to the Assessing Officer (AO) to verify the audited books, expenses, and cash sources after giving the assessee a fresh opportunity to be heard.
The dispute was the computation of the block period under S 153 for a non-searched person, where the AO counted the period from the search date. The ITAT affirmed the quashing of the assessment, ruling that the block period must be reckoned from the date the seized material is received by the jurisdictional AO, as per binding Supreme Court precedent.
