Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Jagdishkumar Madanlal Gupta v. Dy. CIT (Mum.)(Trib.) www.itatonine.org

S. 69C: Unexplained expenditure -Bogus Purchases — Addition based on estimation cannot be made without rejection of books of account. Assessee produced invoices, e-way bills, ledger accounts and bank statements, and Revenue failed to establish purchases as bogus; the entire addition was deleted. [S. 37(1),145(3) ]

Jagdishkumar Madanlal Gupta v. Dy. CIT (Mum.)(Trib www.itatonline.org

S.69A: Unexplained Money — Protective addition – under section Gold bullion found during search -Not sustainable where ownership stood admitted by company and bullion was duly recorded in books of account of the company . [S. S.132(4), S.143(3)]

Pr. CIT v. Arunkumar Ramniklal Mehta (Bom.)(HC) www.itatonline.org .

S. 153A: Assessment – Search – HSBC Geneva accounts- In absence of incriminating material found during search, no addition can be made in respect of completed/unabated assessments – Foreign bank account additions based merely on the Base Note received from the French Government and not on search material were unsustainable – Addition under section 69A also deleted as Revenue failed to establish assessee’s ownership of foreign bank accounts. [S. 69A, 132, 143(1), 143(2), 147, 148, 153A]

Gudari Large Sized Multipurpose Cooperative Society Ltd. v. ITO ( Cuttack)( Trib) www.itatonline.org .

S. 254(1): Appellate Tribunal- Powers-Practice and Procedure – Authorised representative -Virtual Hearing – Dress Code – Appeal dismissed for non-compliance with SOP.[S. 288, R. 49 , ITAT R, 1963 , 17A ]

Bhavanishanker Naik v. ITO (2025) 236 TTJ 240 (Bang)(Trib)

S.271D: Penalty]-Takes or accepts any loan or deposit]-Cash received from buyer of immovable property-The applicability of amended provisions by Finance Act, 2015 has taken effect from 1st June, 2015-Agreement to sell was entered on 31st Jan., 2015, and registered sale deed was executed on 31st May, 2016-Penalty not leviable. [S. 269SS]

DCITv. Tapadiya Construction Ltd. (2025) 236 TTJ 216 (Pune)(Trib)

S.271D: Penalty]-Takes or accepts any loan or deposit]-Immovable property-Amount received for providing additional amenities in the houses sold by the builder-Definition of consideration for transfer of immovable property referred to in s. 194-IA cannot be applied to consideration received for additional amenities]-Penalty was deleted. [S. 132(4), 194IA, 269SS]

St. Joseph’s Educational Trust v. DCIT (2025) 236 TTJ 507 / 175 taxmann.com 284 / (2026] 133 ITR 328 (Chennai)(Trib) St.Joseph’s Institute of Science & Technology trust v.Dy.CIT 2025) 236 TTJ 507 / 175 taxmann.com 284 / (2026] 133 ITR 328 (Chennai)(Trib)

S. 271AAB: Penalty-Search initiated on or after 1st day of July 2012-Not specifying the charge-Omnibus notice betrays application of mind by the AO-Entire penalty proceedings right from issue of notice to imposition of penalty are ab initio void-Penalty quashed. [S.274]

DCIT v. Sahil Vachani (2025) 236 TTJ 137 / 126 ITR 172/ 175 taxmann.com 979 (Delhi)(TM)(Trib)

S. 271(1)(c): Penalty]-Concealment-Surrender of claim of exemption under s. 54F-Debatable issue-Not liable for levy of penalty under s. 271(1)(c) for furnishing inaccurate particulars of income.[S.54F]

St. Joseph’s Educational Trust v. DCIT (2025) 236 TTJ 507 / 175 taxmann.com 284 / (2026) 133 ITR 328 (Chennai) (Trib) St.Joseph’s Institute of Science & Technology Trust v. Dy.CIT 2025) 236 TTJ 507 / 175 taxmann.com 284 / (2026) 133 ITR 328 (Chennai) (Trib)

S. 270A: Penalty for under-reporting and misreporting of income-Non-specification of charge/fault in the show-cause notice-Absence of proper charge vitiates the penalty notices-Levy of penalty was quashed. [S. 274]

Arjun Das Jasuja v. CIT (2025) 236 TTJ 373 (Ahd)(Trib.)

S. 263: Commissioner-Revision of orders prejudicial to revenue-Lack of proper enquiry-Cost of improvement]-Allowed the claim after verification-AO’s order was neither erroneous nor prejudicial to the interests of Revenue-Revision order was quashed. [S. 45, 55(1)(b)(2)]