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Judiciary

Negligence on part of lawyer not sufficient cause to condone delay of 1265 days

October 10, 2025 693 Views 0 comment Print

ITAT Bangalore held that delay of 1265 days in filing of an appeal not condoned since negligence on part of the lawyer is not sufficient cause. Accordingly, appeal of the assessee dismissed by not condoning the delay.

Additions Based on Bank Credits Without Verification Unjustified – CIT(A)’s Factual Findings Upheld

October 10, 2025 504 Views 0 comment Print

The ITAT Hyderabad in ITO Vs. SR Peddi Estates India Pvt. Ltd. confirmed the deletion of a ₹4.39 crore addition made during reassessment. The Tribunal ruled that bank credits

No Capital Gains Tax on JDA Execution Until Land Possession Is Handed Over

October 10, 2025 1377 Views 0 comment Print

The Tribunal held that capital gains did not arise in the relevant year because the JDA explicitly stated possession was deemed given only upon handing over the landowners’ built-up share. This means Section 45(1) cannot be invoked until actual possession or consideration is received, overriding the AO’s reliance on stamp duty valuation.

Section 80IA Deduction Allowed Despite Delay in Filing Audit Report

October 10, 2025 693 Views 0 comment Print

ITAT allows S. 80-IA deduction, ruling that the Form 10CCB filing delay is a procedural lapse that can’t deny a substantive claim, maintaining the judicial view post-Finance Act 2020.

Securing Obligations: SC Clarifies Stamp Duty on Deeds Executed by Principal Debtors

October 10, 2025 978 Views 0 comment Print

The Supreme Court ruled that a deed mortgaging property to secure one’s own performance is a Mortgage Deed, even if the title suggests a security bond, affirming deficit stamp duty demands. This provides critical legal clarity that when the principal debtor is the party providing the security, Article 40 of the Indian Stamp Act is the governing provision.

Reassessment Set Aside for Fresh Hearing – Assessee Can Challenge Validity of Notice u/s 148 in Subsequent Proceedings: ITAT Hyderabad

October 10, 2025 1200 Views 0 comment Print

ITAT Hyderabad upholds remand for ex-parte reassessment, allowing the assessee to challenge the Section 148 notice validity based on the mandatory faceless procedure violation in fresh proceedings.

Cash Payments Not Recorded in Sale Deed Treated as Unexplained Investment – Gifts from Parents Accepted as Genuine -ITAT Hyderabad

October 10, 2025 624 Views 0 comment Print

ITAT Hyderabad sustains unexplained investment based on a builder’s seized document with matching sale details but deletes gift addition, citing the Revenue’s failure to disprove the donor’s capacity.

ITAT Ahmedabad: Addition on Alleged Penny Stock Investment Deleted – No Proof of Assessee’s Own Funds

October 10, 2025 402 Views 0 comment Print

ITAT Ahmedabad deletes Rs.11.27 lakh addition for penny stock investment, ruling the Revenue failed to prove the investment originated from the assessee’s own unexplained funds under Section 69B.

No hearing, no justice – ITAT Pune remands ex-parte CIT(A) order for fresh adjudication

October 10, 2025 522 Views 0 comment Print

ITAT Pune sets aside NFAC’s ex-parte order, mandating fresh adjudication on S. 44AD applicability to commission income, citing violation of natural justice and lack of proper notice.

When no addition on reopening issue, entire 147 proceeding falls JAO had no jurisdiction post-Faceless Scheme

October 10, 2025 1122 Views 0 comment Print

ITAT Hyderabad in Pitti Holdings Pvt. Ltd. vs ACIT quashes a reassessment for the Assessment Year 2018-19. The order holds that notices issued by the Jurisdictional AO (JAO) instead of the Faceless AO (FAO) after the Faceless Jurisdiction Scheme 2022 are void ab initio.

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