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Archive: 15 February 2025

Posts in 15 February 2025

Govt. Funded ITI Entitled to Section 10(23C)(iiiab) Tax Exemption: ITAT Pune

February 15, 2025 1341 Views 0 comment Print

ITAT Pune rules that an ITI substantially funded by the government qualifies for tax exemption under Section 10(23C)(iiiab), even if the primary income source is interest on government grants.

Serving signed arbitral award copy to employee is not proper service u/s. 31(5) of Arbitration Act

February 15, 2025 534 Views 0 comment Print

Bombay High Court held that serving signed copy of arbitral award to employee of the partnership firm is not proper service of signed award as required under section 31(5) of the Arbitration and Conciliation Act, 1996.

SC disposes of ITO Vs DXN Herbal case due to low tax effect under Rs. 5 crores

February 15, 2025 411 Views 0 comment Print

Supreme Court disposes of ITO Vs DXN Herbal case due to low tax effect under Rs. 5 crores. Question of law remains open per Circular dated 17 Sept 2024.

ITAT Rajkot directs AO to verify genuineness of transaction for addition towards unsecured loan

February 15, 2025 453 Views 0 comment Print

ITAT Rajkot remanded the matter as lower authority has not exercised their power to enquiry in section 131 and 133(6) of the Act to verify the genuineness of the transaction and creditworthiness of the party in case of addition towards unsecured loan u/s. 68.

Section 10(23C)(iiiac) & 11(2) exemption cannot be denied for Belated Form 10

February 15, 2025 4653 Views 0 comment Print

ITAT Bangalore upholds CIT(A)’s decision, stating that belated filing of Form 10 is a procedural lapse and doesn’t disqualify an institution from tax exemptions under Section 10(23C)(iiiac) and 11(2).

Revenue cannot deviate from prior years decisions without demonstrating change in factual matrix

February 15, 2025 447 Views 0 comment Print

It is also noteworthy that the learned Departmental Representative (DR), during the hearing, did not point out any material differences between the facts of the present case and those of the earlier assessment years.

TP adjustment under MAP cannot be applied to other international transaction

February 15, 2025 738 Views 0 comment Print

The US Transactions were subject to the Mutual Agreement Procedure between the competent authorities of US and India under Article 27 of the India-US Double Taxation Avoidance Agreement.

CIT(A) Cannot Set Aside Matter Back to AO: ITAT Mumbai

February 15, 2025 3621 Views 0 comment Print

ITAT Mumbai overturns CIT(A)’s order, stating the appellate authority lacks power to set aside assessments. The tribunal directed the CIT(A) to re-adjudicate the case after obtaining a remand report from the Assessing Officer.

Reimbursement of expense at cost not taxable as Fees for Technical Services

February 15, 2025 978 Views 0 comment Print

ITAT Mumbai held that that reimbursement of expenses at cost is not taxable as fees for technical services since there is no element of income attached to the transaction. Accordingly, revenue’s appeal dismissed.

CESTAT Imposes Penalty for Misclassification & Duty Evasion despite omission by adjudicating authority

February 15, 2025 1179 Views 0 comment Print

Tribunal imposed a mandatory penalty of ₹15,59,363 under Section 114A of the Customs Act for misclassification and duty evasion, emphasizing strict compliance with statutory requirements in cases of deliberate misdeclarations.

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