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Judiciary

No One-to-One Matching Needed for Bank Deposits When Sources Are Verified – Adhoc Cash Deposit Addition deleted

October 11, 2025 666 Views 0 comment Print

The issue was a ad-hoc addition on cash deposits sustained by the due to the absence of direct source-to-deposit correlation. The ITAT deleted the addition, holding that once the overall source (like agricultural or business income) is accepted on merits, does not require mathematical one-to-one matching.

Entire Forex Turnover Cannot Be Taxed Without Verification: ITAT Mumbai

October 11, 2025 432 Views 0 comment Print

ITAT Mumbai set aside orders taxing a money changer’s Rs.219 crore turnover, holding that neither u/s 68 addition nor arbitrary profit estimation is valid without verifying recreated books.

ITAT Upholds Deletion of Bogus F&O Loss Additions; Post-Search Reports Cannot Justify 153A

October 11, 2025 624 Views 0 comment Print

Mumbai ITAT affirmed the deletion of a ₹2.74 crore F&O loss addition under Section 153A for an unabated year. The addition, based only on the post-search “Project Falcon” report, was void as no incriminating material was found during the search itself, following the Supreme Court’s mandate.

80G Cannot Be Denied Merely Because One Object Seems Religious – ITAT Says Check 5% Rule & Facts Properly

October 11, 2025 1344 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Ahmedabad ruled in Sthanakvasi Jain Sangh Jivrajpark Vs CIT (Exemption) that a trust with composite, charitable, and incidental religious objects cannot be denied 80G registration merely because one object seems religious.

Section 10(34)/(35) Exemption Allowed Despite Sec. 11 Denial: ITAT Mumbai

October 11, 2025 357 Views 0 comment Print

The ITAT reaffirmed that genuine statutory deductions cannot be denied solely due to technical defects or the absence of a specific column in the ITR form. The Tribunal directed the to allow the deductions, including beyond the 10% limit for eligible specified donations.

ITAT Remands Crore Expense Disallowance, Citing Failure to Examine Documentary Evidence

October 11, 2025 222 Views 0 comment Print

The ITAT set aside the crore addition, ruling that lower authorities acted mechanically by rejecting detailed evidence like invoices, bank statements, and vendor confirmations. The Tribunal mandated a remand, emphasizing that suspicion is not a valid basis for disallowance when substantial documentary proof is on record.

Section 194IC Applies to Leasehold Land in JDA, but Developer May Avoid Default if Tax Paid

October 11, 2025 384 Views 0 comment Print

Mumbai ITAT clarified that perpetual leasehold rights are equivalent to ownership for the purpose of a specified agreement” under Section 45(5A)/194-IC, requiring 10% TDS on JDA monetary payments.

ITAT Mumbai upholds penny-stock loss as genuine – Revenue’s addition deleted

October 11, 2025 531 Views 0 comment Print

ITAT Mumbai dismissed the Revenue’s appeal, ruling that a genuine business loss from penny stock trading, supported by contract notes and demat records, cannot be disallowed based solely on a third-party statement or generic investigation report.

ITAT Delhi: Cash of ₹3.11 Cr found in locker is NOT “unexplained” – treated as speculative/business income, Section 69A & 115BBE deleted

October 11, 2025 564 Views 0 comment Print

The ITAT ruled that crore cash found in a locker during a search was not “unexplained money” because the assessee immediately explained the source as accumulated speculative business income and offered it to tax. The Tribunal held that a disclosed source, even if unrecorded, cannot be forcefully converted into unexplained income.

Customs Duty Rate Determined by Entry Inwards at Port, Not Territorial Waters Arrival

October 11, 2025 489 Views 0 comment Print

CESTAT Ahmedabad held that entry inward at respective port shall determine rate of duty applicable. Accordingly, enhanced duty rate of 7.5% applicable in the present case. Thus, appeal of assessee dismissed.

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