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Agricultural Land Beyond 8 km Limit Not Taxable as Capital Asset: ITAT Indore

November 2, 2025 1911 Views 0 comment Print

ITAT Indore held that land located beyond 8 km from nearest municipality does not qualify as a capital asset under Section 2(14)(iii), exempting gains from capital gains tax.

Typo Error in Recorded Reasons Doesn’t Invalidate Reassessment on Penny Stock LTCG

November 2, 2025 450 Views 0 comment Print

Rejecting assessee’s plea of invalid reopening, Tribunal ruled that minor clerical mistakes in reasons recorded under Section 147 do not vitiate proceedings if substantive material exists. Information disseminated through Insight Portal was sufficient to establish AO’s belief.

₹8.84 Cr Addition Deleted as ATM Cash Mistakenly Linked to Employee’s PAN

November 2, 2025 414 Views 0 comment Print

ITAT Agra held that ₹8.84 crore deposited and withdrawn from bank accounts used for ATM cash replenishment could not be treated as unexplained money of the employee. The Tribunal confirmed that the amounts belonged to Punjab & Sind Bank.

Reopening Validated: Dual PANs & Huge Cash Deposits Are Tangible Material

November 2, 2025 660 Views 0 comment Print

ITAT Delhi upheld reassessment on an individual for AY 2017-18, finding that existence of dual PANs and huge undisclosed demonetization cash deposits constituted tangible material. Tribunal confirmed that sufficiency of material is irrelevant at reopening stage, only prima facie belief matters when notice is issued within four years.

No Protective Addition When Substantive Addition Sustained: ITAT Surat

November 2, 2025 1029 Views 0 comment Print

ITAT Surat dismissed Revenue’s appeal, holding that once substantive additions related to payments made by assessee were upheld by Tribunal and CIT(A) in cases of receiving parties, corresponding protective additions against assessee must be deleted.

Section 69A/69B: Excel noting retracted statements cannot justify additions – ITAT Mumbai

October 30, 2025 630 Views 0 comment Print

ITAT Mumbai held that reassessment orders issued outside the Faceless Scheme and without a valid DIN were void ab initio, striking down additions under Sections 69A/69B.

ITAT Deletes LTCG Addition as “Human Probability” Can’t Replace Evidence

October 30, 2025 735 Views 0 comment Print

ITAT Delhi deleted a ₹47 lakh bogus LTCG addition, holding that ‘human probability’ cannot override transactions conducted through stock exchange, demat, and banking channels. Mere high profit does not make a transaction bogus.

Allahabad High Court Grants Bail in ₹40 Crore Fake ITC Case

October 30, 2025 1518 Views 0 comment Print

Allahabad HC grants bail to Manoj Kumar Garg in a {₹}40 crore fake ITC case, citing completed investigation, documentary evidence, slow trial pace, and limited maximum sentence.

Gujarat HC Upholds 25% Disallowance for Bogus Purchases

October 29, 2025 1269 Views 0 comment Print

The Gujarat High Court confirmed the Tribunal’s decision to disallow 25% of bogus purchases shown by Vijay Proteins Ltd., but quashed the penalty levied under Section 271(1)(c) of the Income-tax Act.

ITAT Delhi Deletes Penalty for Non-Compliance Where Notice Not Served on NRI

October 29, 2025 1137 Views 0 comment Print

ITAT Delhi deleted a penalty levied under Section 272A(1)(d) against a Non-Resident Indian (NRI) for alleged non-compliance with a Section 142(1) notice.1 The court ruled that service of notice, not mere issuance, is mandatory, and lacking proof of service on the UK resident constituted a reasonable cause for non-compliance.

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