#Income Tax Law

The ITAT Surat ruled that for capital gains computation under Section 2(42A) of the Income Tax Act, the holding period commences on the date of the allotment letter, not the date of registration. This clarification enables purchasers of builder flats to qualify for long term capital gain treatment and claim exemption under Section 54.

Taxpayers whose total income does not exceed Rs 7 lakh can claim the Section 87A rebate even on short-term capital gains that attract the special 15 % rate under Section 111A. The Jaipur ITAT reversed the CIT(A)’s refusal, confirming that the rebate applies to the computed tax liability irrespective of the special-rate provision. This benefits individual investors with modest incomes who realise short-term gains.

ITAT held that the limitation clock for a Section 153C assessment begins on the date the assessing officer records the satisfaction note, not on the earlier Section 127 order. This narrows the time-bar for revenue to finalize assessments in multi-entity search cases, affecting taxpayers facing delayed notices.

An assessment order issued under Section 148 after the assessee’s death is deemed void from the outset, rendering the notice ineffective. This ruling bars revenue authorities from reopening assessments of deceased taxpayers without proper procedural basis, protecting legal heirs from unwarranted tax demands.

The ITAT ruled that a reassessment order issued after a court-ordered stay is lifted falls outside the two-year limitation of Section 153(2), rendering the addition of Rs 18.16 crore invalid. This protects taxpayers from belated reassessments once a stay is removed.

The Jaipur ITAT ruled that the word ‘and’ in Section 147 operates conjunctively, so an Assessing Officer can only reopen assessment for income already identified as escaped, not for any other income. This narrows reassessment powers and shields taxpayers from unexpected additions. The ruling applies to all cases invoking Section 147 nationwide.

The Delhi ITAT ruled that a charitable trust’s failure to register its deed does not invalidate its claim to Section 12A tax exemption. This clarifies that registration is not a statutory prerequisite, benefiting existing and prospective charitable trusts seeking exemption.

The ITAT Delhi has ruled that reassessments under Section 153C cannot proceed if the deemed date of search falls on or after April 1, 2021, due to the Finance Act 2021 amendment that eliminated the power to initiate such proceedings beyond that date. This decision protects taxpayers from retrospective application of reassessment powers and clarifies the temporal limits of search-related assessments under the Income Tax Act.

The ITAT Ahmedabad affirmed that the Principal Commissioner can invoke revisional powers under Section 263 even after assessment is complete, if a subsequent DVO report proves the original valuation was materially understated, leading to significant revenue loss. This sets a critical precedent for tax authorities to act on credible post-assessment evidence that exposes deliberate or negligent undervaluation of capital assets.

The ITAT Surat has ruled that the Principal CIT cannot use Section 263 to reopen an assessment already concluded under Section 147 if the AO conducted a thorough scrutiny, accepted the assessee’s return, and no evidence of revenue loss was established. This reinforces that revisionary powers are not a substitute for proper reassessment and protects taxpayers from arbitrary re-litigation after full adjudication.

ITAT Pune reaffirms that co-operative societies engaged in providing credit facilities exclusively to members are eligible for deduction under Section 80P(2)(a)(i) on interest income, distinguishing the Totgars precedent. The ruling reinforces binding judicial consistency for salary earners' credit societies, impacting tax liability calculations for similar entities.

ITAT Cochin has ruled that a reassessment notice issued on 06.05.2022 for AY 2015-16 is time-barred because the income escaped assessment did not exceed ₹50 lakh, triggering the three-year limitation under Section 149(1). This reinforces that post-2022 notices for pre-2019 assessments cannot be revived unless the monetary threshold is crossed, protecting taxpayers from arbitrary reopening.

ITAT Delhi rules that a valid sale agreement and subsequent proof of creditworthiness-even if established post-assessment-are sufficient to set aside Section 68 additions. This precedent strengthens taxpayers' defense against unexplained cash credit additions where property transactions are involved.

The ITAT Kolkata has ruled that invoking Section 263 to revise a previously scrutinized assessment is impermissible unless the revenue demonstrates actual prejudice, not just a technical error. This clarifies that scrutiny under Section 143(3) does not waive the twin-condition test, protecting taxpayers from arbitrary revisionary orders and reinforcing procedural fairness in income tax administration.

The ITAT Kolkata has ruled that failure to issue a Section 143(2) notice at all renders reassessment proceedings null and void, and the curative provision under Section 292BB does not apply to complete non-issuance - only defective service. This clarifies a critical jurisdictional safeguard for assessees, reinforcing that procedural compliance is non-negotiable in tax reassessments.