Tribunal ruled that reliance on statement of an alleged accommodation entry provider without furnishing statement or allowing cross-examination violated principles of natural justice.
Kolkata ITAT upheld deletion of addition relating to alleged bogus penny stock loss after finding that the assessee had furnished contract notes, demat records, broker statements, and bank documents supporting the transactions.
Mumbai ITAT observed that assessable value under customs law may differ from invoice value and such variation by itself cannot justify addition under Section 69C without further evidence.
The courts upheld LTCG exemption under Section 10(38) after finding that the Revenue failed to produce evidence linking the assessee to alleged penny stock manipulation. Documentary records, banking transactions, and Demat evidence supported the genuineness of the share transactions.
The Calcutta High Court held that the assessing officer misconstrued CBDT Circular No. 11 of 2024 while rejecting carry forward of loss due to a seven-day filing delay. The Court directed the authorities to condone the delay and process the return according to law.
The High Court ruled that reopening under Sections 147 and 148 was unsustainable because the Assessing Officer’s reasons amounted only to suspicion and not a valid reason to believe income had escaped assessment.
Mumbai ITAT held that additions for alleged accommodation entries and commission income cannot be sustained solely on retracted statements and third-party Tally data without independent corroborative evidence.
The Mumbai ITAT held that additions under Section 69 cannot be sustained merely on the basis of uncorroborated excel-sheet entries and third-party statements. The Tribunal deleted the alleged on-money addition in the Rubberwala Group matter.
The Bangalore ITAT held that genuine business sales recorded in audited books cannot be treated as unexplained cash credits merely because payment was received in Specified Bank Notes during demonetisation. The Tribunal deleted the ₹29.27 lakh addition under Section 68.
The Bangalore ITAT held that an assessee claiming exemption based on Form 16 issued by the employer acted under a bona fide belief and cannot automatically be penalized for misreporting. The Tribunal deleted the ₹51.20 lakh penalty levied under Section 270A.
