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Judiciary

Commission Rationalised to 0.40% on Sales/Purchases & 0.50% on Loans by ITAT Mumbai

November 22, 2025 576 Views 0 comment Print

The Tribunal reduced commission estimations for sale/purchase and loan entries to 0.40% and 0.50%, excluding intra-group transactions. This ensures compliance with judicial precedents and prevents arbitrary income additions.

Selective Treatment of LTCG vs STCG Rejected: ₹53.24 Lakh Addition Deleted

November 22, 2025 333 Views 0 comment Print

ITAT Kolkata struck down AO’s whimsical treatment of LTCG as bogus while simultaneously accepting STCG from the same shares. The Tribunal deleted the entire ₹53.24 lakh addition, noting both gains arose from identical transactions and evidence.

Ex-Parte CIT(A) Order Set Aside – Advance Rent Reconciliation to Be Examined Afresh

November 22, 2025 339 Views 0 comment Print

ITAT Ahmedabad set aside the ex-parte CIT(A) order confirming ₹36.3 lakh addition for advance rent. The matter was restored to AO for de-novo adjudication, and the assessee was granted full opportunity to present evidence, with a ₹5,000 cost imposed.

Appeal Restored as Email Mismatch Led to Non-Compliance and Ex-Parte CIT(A) Order

November 22, 2025 231 Views 0 comment Print

ITAT Ahmedabad set aside the ex-parte CIT(A) order where notices were sent to a wrong email ID, causing non-receipt by the assessee. The matter, including Sec.69A addition and denial of cross-examination, was remitted to CIT(A) for fresh adjudication on merits.

Fraudulent ITC Unearthed: Delhi HC Slaps imposes ₹5 Lakh Costs Over Misleading Petition 

November 22, 2025 774 Views 0 comment Print

Delhi High Court uncovered fraudulent Input Tax Credit claims after a trader sought GST registration cancellation and imposed ₹5 lakh costs for misleading submissions.

Capital Gains Recomputed Using ₹50,000/Bigha for Co-Owner Consistency

November 22, 2025 288 Views 0 comment Print

Tribunal directed AO to maintain uniformity among co-owners in computing capital gains. While circle rate under section 50C applies, the cost of acquisition should follow the previously accepted benchmark of ₹50,000 per bigha.

Penny Stock Allegations Rejected: ₹1.25 Cr & ₹1.53 Lakh Additions Deleted

November 22, 2025 459 Views 0 comment Print

ITAT Ahmedabad held that speculative intraday trades are genuine and not accommodation entries. Additions under Section 68 totaling ₹1.25 crore and ₹1.53 lakh were deleted due to lack of foundational facts and proper inquiry.

Low Income of Investors Cannot Trigger Section 68 Addition: ₹3.32 Cr Deleted

November 22, 2025 510 Views 0 comment Print

ITAT Kolkata deleted ₹3.32 crore addition under Section 68, holding that complete documentary evidence proved the genuineness and identity of investors. Low income or meagre business activity of subscriber companies cannot justify treating share capital as unexplained.

ITAT Kolkata Allows 30% Deduction on Warehousing Lease Income

November 22, 2025 306 Views 0 comment Print

Lease rentals of ₹2.88 crore from the company’s warehousing complex were rightly classified as income from house property, reversing the AO’s business income classification. This restored the standard deduction of ₹83.38 lakh under Section 24(1).

ITAT Deletes ₹1.59 Crore Section 68 Addition Despite Non-Appearance of Creditors

November 22, 2025 564 Views 0 comment Print

The Tribunal held that unsecured loans cannot be treated as unexplained when identity, creditworthiness, and genuineness are fully documented. Since the AO ignored evidence and relied only on non-appearance, the addition was deleted.

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