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Archive: 15 September 2025

Posts in 15 September 2025

Assessee’s Request for Hearing Extends Time u/s 148A -Patna HC Upholds Notice u/s 148

September 15, 2025 1230 Views 0 comment Print

Patna High Court dismisses hospital’s writ petition, upholding reassessment notices under Sections 148 & 148A, citing proper procedure and valid sanction.

Database Access Receipts Not Royalty; No DAPE for UK Entity: ITAT Mumbai

September 15, 2025 324 Views 0 comment Print

In a key ruling, the ITAT upholds that fees for accessing a copyrighted database are not royalty under Indian tax law or the India-UK DTAA, affirming no taxable presence for the UK company.

CIT(A) Empowered to Set Aside Assessment Post 01.10.2024 Amendment: ITAT Delhi

September 15, 2025 525 Views 0 comment Print

ITAT Delhi has dismissed a revenue appeal, confirming that a CIT(A) can set aside an ex-parte assessment and remand case for fresh adjudication, citing a recent amendment to tax law.

Exemption u/s 11 Cannot Be Denied When 12AA Registration Exists: ITAT Delhi

September 15, 2025 438 Views 0 comment Print

The ITAT Delhi ruled that a charitable society’s tax exemption cannot be denied if its registration remains valid. The tribunal emphasized the need for consistency, setting aside a demand based on a factual error.

Section 44AE Chaos of Heavy Goods Vehicle Owners

September 15, 2025 2523 Views 2 comments Print

Understand the rules for computing presumptive tax under Section 44AE for heavy goods vehicles, including definitions of Gross Vehicle Weight and Unladen Weight.

SBNs deposits Not Taxable Again as Cash Credits in Wine Trader Case: ITAT Bangalore

September 15, 2025 210 Views 0 comment Print

ITAT Bangalore rules against taxing SBNs as unexplained cash when deposits are linked to legitimate business sales, preventing double taxation.

ITAT Pune Quashes Reassessment u/s 147, Says Search Cases Must Proceed u/s 153C

September 15, 2025 627 Views 0 comment Print

The Pune ITAT quashed a reassessment order, ruling that proceedings initiated under Section 147 were invalid. The tribunal held that information from a third-party search mandates proceedings under Section 153C, not Section 147.

Consequential Section 143(3) r.w.s. 263 Assessment Invalid Once 263 Quashed: ITAT Mumbai

September 15, 2025 642 Views 0 comment Print

ITAT Mumbai rules that a revised assessment order becomes invalid when the original Section 263 revision order on which it was based is quashed.

No Section 69A Addition for Normal Business Deposits during Demonetisation

September 15, 2025 591 Views 0 comment Print

The Mumbai Income Tax Appellate Tribunal (ITAT) ruled in favor of Suraj Somaru Varma, a Business Correspondent agent, deleting an addition of ₹9.16 lakh made under Section 69A. The Tribunal held that the demonetized currency deposits were not unexplained income but part of normal business operations, as Varma was authorized by RBI and maintained proper records.

Denial of TDS Credit Unsustainable When Entries Duly Reflected in Form 26AS

September 15, 2025 699 Views 0 comment Print

The Mumbai ITAT ruled that TDS credit cannot be denied if the amount is correctly reflected in Form 26AS, directing the tax authorities to allow the claim.

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