Tag Archives: IN THE ITAT SURAT BENCH

Compulsory agricultural land compensation is tax-exempt, but attached structures attract capital gains tax.

By | September 25, 2026
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Compulsory agricultural land compensation is tax-exempt, but attached structures attract capital gains tax. Compulsory agricultural land compensation is tax-exempt, but attached structures attract capital gains tax. Issue Whether compensation received on the compulsory acquisition of agricultural land situated in a notified area outside municipal limits is exempt from capital gains tax under Section 10(37). Whether… Read More »

Rectification Under Section 154 Must Delete Duplicate Addition When Same Cash Deposit Is Assessed in Successor’s Hands

By | September 12, 2026
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Rectification Under Section 154 Must Delete Duplicate Addition When Same Cash Deposit Is Assessed in Successor’s Hands Issue Whether an addition of unexplained cash deposit under Section 69A can be retained in the hands of a dissolved firm under a Section 154 rectification proceeding, when the exact same cash deposit has already been assessed and… Read More »

Assessment Orders Passed Without Traceable Section 153D Mandatory Approval Letters Are Illegal And Quashed

By | September 12, 2026
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Assessment Orders Passed Without Traceable Section 153D Mandatory Approval Letters Are Illegal And Quashed Issue Whether the revenue bears the burden of proving compliance with the mandatory requirement of prior approval under Section 153D when specifically challenged by the assessee. Whether assessment orders passed under search and seizure provisions are sustainable when the revenue fails… Read More »

Assessment Orders Passed Without Proof of Valid Section 153D Mandatory Approval Are Void and Quashed

By | September 10, 2026
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Assessment Orders Passed Without Proof of Valid Section 153D Mandatory Approval Are Void and Quashed Issue Whether assessment orders passed under Section 153A/143(3) can be sustained when the Revenue fails to produce tangible evidence of valid prior approval under Section 153D after the assessee specifically challenges its compliance. Facts The assessee is an individual engaged… Read More »

Assessment Remanded to Re-examine Capital Gains Documents Pertaining to Sold Immovable Properties

By | August 22, 2026
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Assessment Remanded to Re-examine Capital Gains Documents Pertaining to Sold Immovable Properties Assessment Remanded to Re-examine Capital Gains Documents Pertaining to Sold Immovable Properties Issue Whether an assessment addition under Section 69 of the Income-tax Act, 1961 (Section 103 of the Income-tax Act, 2025) for unexplained investment/undisclosed capital gains should be restored to the Assessing… Read More »

Ex-Parte Section 69A Assessment Remanded to AO for Fresh Hearing Subject to Assessee Paying Costs

By | August 14, 2026
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Ex-Parte Section 69A Assessment Remanded to AO for Fresh Hearing Subject to Assessee Paying Costs Ex-Parte Section 69A Assessment Remanded to AO for Fresh Hearing Subject to Assessee Paying Costs Issue Whether an ex-parte reassessment order treating cash deposits and withdrawals as unexplained money under Section 69A should be set aside and remanded for fresh… Read More »

Ex-Parte Assessment Orders Set Aside and Remanded for De Novo Hearing Due to Improper Notice Service

By | August 13, 2026
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Ex-Parte Assessment Orders Set Aside and Remanded for De Novo Hearing Due to Improper Notice Service Ex-Parte Assessment Orders Set Aside and Remanded for De Novo Hearing Due to Improper Notice Service Issue Whether ex-parte assessment orders passed under Section 144 and confirmed ex-parte by CIT(A) should be set aside and remanded to the Jurisdictional… Read More »

Remand Required to Verify Dual Salary Ledgers and Cash Payment Claims Under Section 40A(3)

By | August 13, 2026
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Remand Required to Verify Dual Salary Ledgers and Cash Payment Claims Under Section 40A(3) Remand Required to Verify Dual Salary Ledgers and Cash Payment Claims Under Section 40A(3) Issue Whether the disallowance of salary expenditure under Section 40A(3) for cash payments exceeding the prescribed limit is sustainable without complete verification of the assessee’s voluminous expense… Read More »

Penalty Under Section 271B Is Sustainable When Failure to Audit Accounts Is Backed by Reasonable Cause

By | August 11, 2026
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Penalty Under Section 271B Is Sustainable When Failure to Audit Accounts Is Backed by Reasonable Cause Issue Whether penalty under Section 271B for failure to get accounts audited under Section 44AB can be sustained when the assessee demonstrates reasonable cause under Section 273B and the return of income is accepted without any addition. Facts Business… Read More »

Assessment Orders Passed Ex Parte Against a Deceased Assessee Warrant Remand to AO for Fresh Adjudication

By | August 11, 2026
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Assessment Orders Passed Ex Parte Against a Deceased Assessee Warrant Remand to AO for Fresh Adjudication Issue Whether ex parte assessment and appellate orders passed due to non-representation by a deceased assessee should be set aside and remanded to the Assessing Officer for fresh adjudication to uphold the principles of natural justice. Facts Ex Parte… Read More »