ITAT Cuttack Judgments — September 2026

The Tribunal held that the reopening of the assessment was based on incorrect facts, rendering the entire reopening unsustainable. Consequently, the reopening was quashed.

The Tribunal restored the issues to the file of the CIT(A) for re-adjudication. The CIT(A) was directed to consider the details submitted by the assessee and grant an adequate opportunity of being heard.

The tribunal restored the issues to the file of the CIT(A) for re-adjudication on merits. The assessee was granted an adequate opportunity of being heard.

The Tribunal held that the PCIT improperly invoked Section 263 powers to impose her opinion on an issue already examined by the Assessing Officer. The PCIT's attempt to modify the Tribunal's earlier direction was also deemed impermissible.

The tribunal dismissed the appeal in limine due to defects. The defects were not cured despite a notice being issued.

The Tribunal held that the notice issued under Section 148A(b) was invalid because it did not provide the mandatory 7 days' clear time for compliance. Consequently, the assessment order based on this invalid notice was also quashed.

The Tribunal held that since the agreement was entered into before the introduction of Section 56(2)(x) and payments were made as per the proviso to the section, the date of agreement should be considered. The addition made by the AO and confirmed by the CIT(A) was deleted.