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ITAT Deletes Penny Stock Addition as Shares Were Purchased in Earlier Assessment Year

March 27, 2026 1089 Views 0 comment Print

The Tribunal found that the AO wrongly taxed an investment in an incorrect assessment year. Evidence showed the purchase occurred earlier than the year under consideration. The decision highlights the importance of correct year-wise taxation.

Missed DRP timeline kills TP addition; ₹288 Cr share capital upheld

March 27, 2026 669 Views 0 comment Print

The Tribunal held that transfer pricing adjustment cannot survive without a final assessment order post-DRP directions. Repeating such addition in a Section 263 order was held invalid.

Section 263 Invalid as Presumptive Section 44AD Taxation Requires No Books

March 27, 2026 891 Views 0 comment Print

The issue involved revision of assessment where income was declared under Section 44AD. The Tribunal held that absence of books makes Section 68 inapplicable. The takeaway is that revision cannot be based on lack of records not required by law.

Tax Audit Mandatory Even for Exempt Income if Turnover Threshold Crossed: ITAT Kolkata

March 25, 2026 12699 Views 0 comment Print

The Tribunal held that audit under section 44AB depends on turnover, not taxability of income. Exempt entities must still comply if limits are exceeded.

Section 54F Allowed Even When Property Purchased in Sister’s Name – Subsequent Gift Validates Claim

March 24, 2026 936 Views 0 comment Print

DCIT Vs Revanth Challagalla (ITAT Hyderabad) Section 54F Allowed Even When Property Purchased in Sister’s Name – Subsequent Gift Validates Claim In this case, the ITAT Hyderabad upheld the allowance of deduction under Section 54F despite the property being initially registered in the name of the assessee’s sister. The assessee, an NRI, had sold villas […]

Include Previous Owner’s Holding Period for Inherited Property; Section 54EC Relief Allowed: ITAT Ahmedabad

March 24, 2026 516 Views 0 comment Print

The tribunal held that the holding period of the previous owner must be included when property is acquired through inheritance or trust devolution. As a result, gains were treated as long-term and exemption under Section 54EC was allowed, while Section 54 was remanded for verification.

ITAT Mumbai Deletes LTCG Addition as No Evidence of Share Transaction Being Bogus

March 24, 2026 672 Views 0 comment Print

The case involved addition of share sale proceeds treated as bogus based on investigation reports. The Tribunal held that no direct evidence linked the assessee to manipulation. It ruled that documented transactions through banking and demat channels cannot be disregarded without proof.

Section 54F Deduction Allowed as Investment in Under-Construction Property Treated as Construction

March 24, 2026 1182 Views 0 comment Print

The case involved denial of deduction due to delayed execution of purchase deed. The Tribunal held that investment in an under-construction property qualifies as construction within the extended time limit. It ruled that deduction cannot be denied on technical interpretation of timelines.

ITAT Deletes Section 43CA Addition as Presumptive Taxation Already Includes Stamp Duty Value

March 24, 2026 762 Views 0 comment Print

Tribunal held that once income is computed under section 44AD using stamp duty value as turnover, a separate addition under section 43CA leads to double taxation and is not permissible.

Mere Receipt of Salary in India Does Not Make It Taxable for Non-Resident: ITAT Mumbai

March 24, 2026 759 Views 0 comment Print

The Tribunal examined whether foreign assignment salary credited in India is taxable. It held that salary for services rendered outside India is not taxable, even if received in India.

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