INCOME TAX
Income Tax | Reference To District Valuation Officer Cannot Be Used To Initiate Assessment Proceedings: Telangana HC
The Telangana High Court has dismissed the revenue's appeal against Legend Estates Pvt. Ltd. and held that a reference to the District Valuation Officer under Section 142A of the Income Tax Act is untenable where the taxpayer's books of accounts are neither rejected nor found defective. It also held that a reference under Section 142A can be made only during the course of assessment or reassessment proceedings and not for the purpose of initiating such proceedings. A Division Bench of Justice...
Interest Earned By Co-operative Credit Society On Bank Deposits Eligible For Tax Deduction: Telangana HC
The Telangana High Court has held that interest earned by the Hyderabad-based co-operative credit society on bank deposits made from its business funds is eligible for deduction under the provision applicable to co-operative societies providing credit facilities to their members."It is clear that eligibility for deduction under Section 80P(2)(a) requires that the claim must relate to the profits and gains of business attributable to one or more of the activities specified therein. In the present...
Telangana HC Upholds ITAT Order Rectifying Contradiction That Allowed Both Taxpayer and Revenue Appeals
The Telangana High Court has upheld an Income Tax Appellate Tribunal (ITAT) order that corrected its own contradictory ruling after it had simultaneously allowed both the assessee's and the Revenue's appeals on the very same issue. Holding that such an outcome was inherently inconsistent, a bench of Justice P. Sam Koshy and Justice Suddala Chalapathi Rao observed the tribunal was justified in stepping in to resolve the contradiction, especially when it had already decided the issue on...
Search Under IT Act Is Person-Centric; Premises Don't Decide 'Searched Person': Karnataka High Court
Holding that a “searched person” under the Income Tax Act is determined by the person against whom statutory satisfaction is recorded and not by whose premises are searched, the Karnataka High Court on Friday ruled that a taxpayer cannot be treated as a searched person merely because a search was conducted at his premises.The ruling came in a case where the tax department initiated proceedings against the taxpayer under Section 153C based on documents seized during a search conducted at his...
Failure To Claim Tax Relief Doesn't Change Nature Of Salary Arrears: Delhi High Court
The Delhi High Court has clarified that the non-claim of relief under Section 89 of the Income Tax Act, 1961 does not determine the nature of income and cannot be taken to mean that such income is not arrears.For context, Section 89 provides relief to taxpayers receiving salary arrears, advance salary, or profits in lieu of salary in a lump sum.A division bench of Justices Anil Kshetarpal and Amit Mahajan was dealing with a petition challenging an order of the Central Administrative Tribunal...
Delhi High Court Refuses To Quash Third-Party Reassessment Despite Interim Relief To Searched Entity
The Delhi High Court has dismissed a writ petition filed by Hari Bhoomi Communications Private Limited, holding that reassessment proceedings initiated against it on the basis of material recovered during a search at another entity's premises are not rendered void by a subsequent interim order passed in favour of the searched entity. A division bench of Justice Dinesh Mehta and Justice Vinod Kumar refused to interfere with an assessment order dated March 25, 2026, passed against the company...
Supreme Court Dismisses Challenge To Gujarat HC Order Quashing Rasna Reassessment Over Deactivated PAN
The Supreme Court of India on Friday refused to interfere with a Gujarat High Court order quashing reassessment proceedings against Rasna Pvt Ltd, which had been initiated using a deactivated PAN. Rasna Pvt Ltd, known for manufacturing soft drink concentrates, had challenged the notices issued under the Income Tax Act on the ground that all transactions were disclosed under its active PAN following amalgamation.The Gujarat High Court had, on October 15, 2025, quashed notices issued under...
ITAT Ahmedabad Orders Recomputation Of Tax Addition On Steel Firm, Notes Lack Of VAT Cancellation Verification
The Ahmedabad bench of the Income Tax Appellate Tribunal (ITAT) has directed the recomputation of additions made by tax authorities against a steel manufacturer after finding that the Assessing Officer treated certain sales as non-genuine primarily on the basis of cancellation of a buyer's VAT registration without verifying when that cancellation took place. “There is no verification by the Assessing Officer about the date of cancellation of the VAT registration by VAT department,” the tribunal...
ITAT Kolkata Remands ₹13.83 Crore Unsecured Loan Case, Flags Lack of Creditor Verification
The Kolkata Bench of the Income Tax Appellate Tribunal (ITAT) on 7 April 2026 held that additions under Section 68 cannot be deleted by the CIT(A) without allowing the Assessing Officer to verify the creditors and examine their directors, where the foundational facts regarding identity and genuineness remain untested. A Bench of Judicial Member George Mathan and Accountant Member Rakesh Mishra partly allowed the Revenue's appeal and remanded the matter involving Anushikha Investments Private...
ITAT Ahmedabad Quashes Reassessment As AO Shifts From Bogus Loan To LTCG From Penny Stocks
The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) on 7 April 2026 quashed reassessment proceedings against taxpayer Pinkal Rajeshbhai Patel in a case involving alleged bogus loans. A Bench of Vice-President Dr. B.R.R. Kumar and Judicial Member Suchitra R. Kamble held that the Assessing Officer (AO) made the addition on a completely different issue of alleged bogus long-term capital gains from penny stocks. It observed: “The reason recorded for reopening and the addition...
ITAT Ahmedabad Remands ₹7.71 Crore Addition Over Possible Duplication In Bank Credits
The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) on 7 April 2026 held that additions based on bank credits, accommodation entries and interest income must be properly reconciled to avoid duplication while determining taxable income. A Bench comprising Judicial Member TR Senthil Kumar and Accountant Member Narendra Prasad Sinha partly allowed the appeal filed by Money Assurance Services for assessment year 2014–15, observing: “The AO should have excluded the interest income and...
Debatable Issues Cannot Be Rectified Under Section 154 Of Income Tax Act: ITAT Ahmedabad
The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) on 7 April held that authorities cannot invoke Section 154 of the Income Tax Act, 1961 to rectify debatable issues, as the provision applies only to mistakes apparent from the record. A Bench comprising Judicial Member Suchitra Kamble and Accountant Member Narendra Prasad Sinha quashed the rectification order passed against The Madhavpura Mercantile Co-Operative Bank Ltd (under liquidation). It held: “Any issue which is debatable...









