893 Income Tax Appellate Tribunal judgments explained in plain English: what was decided, the law applied and why it matters. Page 35 of 38.
ITAT Pune holds that late fee under Section 234E can only be levied for delays occurring after 01.06.2015, even if TDS return pertains to earlier periods. Clarifies prospective nature of amendment.
ITAT Indore holds that belated filing of Form 67 does not disentitle taxpayer to FTC under Section 90/90A, as it is a directory requirement and DTAA rights prevail.
ITAT Pune upholds disallowance of unproven expenses and TDS non-compliance, affirming that mere audit certification does not absolve assessee of statutory burden of proof.
ITAT Pune holds that inadvertent filing under wrong subsection of Section 12A is a curable procedural defect, not a ground for rejection, reinforcing procedural fairness in tax exemptions.
ITAT Nagpur holds that where a loan is received and repaid through banking channels in the same financial year, Section 68 additions are unsustainable even if lender is a paper entity.
ITAT Indore holds that Section 249(4)(b) does not apply when no taxable income exists, rendering advance tax payment unnecessary for appeal maintainability in reassessment cases.
ITAT Delhi holds that search-based assessments must be framed under Section 153A, not Section 143(3), when the last panchnama is dated in the subsequent financial year.
ITAT Delhi holds that charitable trusts with mixed objectives including religious activities retain 80G eligibility if such activities are not wholly or substantially religious in nature.
ITAT Delhi holds that notice under Section 148 is time-barred if issued beyond the surviving period computed from the assessee's reply to the show-cause notice under Rajeev Bansal.
ITAT Delhi holds that consolidated approval under Section 153D for multiple assessment years is invalid; each year requires independent sanction with application of mind.
ITAT Delhi holds that cash found in a spouse's locker cannot be added to assessee's income under Section 69A without independent evidence linking it to him.
ITAT Delhi holds that where sales from alleged bogus purchases are accepted, full disallowance under Section 69C is unjustified; addition must be restricted to a reasonable proportion.
ITAT Delhi quashes reassessment notice issued beyond surviving limitation period under Section 148, following Rajeev Bansal. Key takeaway for tax practitioners.
ITAT Delhi clarifies that Section 68 additions require substantive explanation of cash deposit sources during demonetization; mere surmise insufficient. Tax cannot be levied under Section 115BBE for pre-2017 transactions.
ITAT Delhi holds that failure to appear before CIT(A) in search assessment cases does not justify ex parte orders; remand with cost imposition ensures fair adjudication.
ITAT Delhi holds that notice under Section 148 issued on 27-07-2022 for A.Y. 2015-16 is time-barred under Section 149, following Union of India v. Rajeev Bansal. Assessment quashed.
ITAT Delhi holds that unsigned, unwitnessed agreement to sell recovered during search lacks evidentiary value for adding unaccounted cash income under Section 153C.
ITAT Delhi holds that revenue must substantiate allegations of shell entities; mere suspicion cannot override credible evidence produced by assessee under Section 69A.
The ITAT Delhi holds that a penalty notice under Section 271(1)(c) must unambiguously specify whether it relates to concealment or inaccurate particulars, failing which it is invalid.
ITAT Delhi holds that religious societies need not be registered under Sections 12A or 80G to claim deduction under Section 57(iii) for expenses incurred to earn voluntary contributions.
ITAT holds that if revenue authorities previously accepted certain comparables in prior years, excluding them arbitrarily in subsequent years violates consistency and functional comparability principles under Section 92C.
ITAT Delhi quashes PCIT's revision under Section 263 for relying on incorrect appreciation of balance sheet entries and change of opinion, reinforcing that lack of inquiry-not inadequate inquiry-triggers revisionary powers.
ITAT Delhi holds that failure to file Form 10B on time does not automatically disqualify charitable trusts from exemption under Sections 11 and 12 of the Income Tax Act.
ITAT Delhi holds that search proceedings cannot override maintained books of accounts; profit suppression must be estimated at market-consistent rates, not disallowed in full.