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Archive: 24 September 2025

Posts in 24 September 2025

PCIT Cannot invoke Section 263 Where AO Conducted Full Loan Verification: ITAT Nagpur

September 24, 2025 240 Views 0 comment Print

The ITAT Nagpur has set aside a revision order by the PCIT against Nirmalkumar Agrawal (HUF). The tribunal ruled that the PCIT could not invoke Section 263 to revise an assessment where the AO had already conducted a thorough enquiry and formed a plausible view, even if a different view was possible.

ITAT Cochin Deletes ₹2.2 Lakh Penalty for Bona Fide Gratuity Claim

September 24, 2025 579 Views 0 comment Print

Explore the ITAT Cochin’s decision in the Chundayil Kalam Girijadevi vs. ITO case, which sets a precedent that a tax penalty cannot be levied for an honest mistake in claiming a higher gratuity exemption.

Pre-Production FD Interest Not Taxable: ITAT Deletes ₹14.45 Lakh Addition

September 24, 2025 351 Views 0 comment Print

ITAT Panaji rules in favor of Shirguppi Sugar Works, deleting an income tax addition. The Tribunal held that interest earned on FDs, placed to secure bank guarantees for importing capital goods, is directly linked to the project and can be set off against capital costs, not taxed as “income from other sources.

Loan routed through banking channels & repaid with interest & TDS – Section 69A Addition deleted

September 24, 2025 402 Views 0 comment Print

ITAT Ahmedabad confirmed that the unsecured loan of ₹80.94 lakh given by Mahadev Shipbreakers to KCPL was genuine, routed through banking channels, and repaid with interest and TDS. The Tribunal dismissed Revenue’s appeal, noting AO’s allegations were generalized and unsubstantiated.

Receipt for sale of copyrighted IFE video/audio content, not royalty: ITAT Delhi

September 24, 2025 276 Views 0 comment Print

The ITAT Delhi ruled that a UK company’s receipts from Indian airlines for in-flight content are not taxable as royalty or fees for technical services, as no copyright or technical know-how was transferred.

ITAT Cochin Allows Section 54F Deduction for Essential Plumbing, Excludes Luxury Interiors

September 24, 2025 606 Views 0 comment Print

Cochin ITAT rules that only essential expenses like plumbing and electrical works qualify for deduction under Section 54F, while luxury interiors such as modular kitchens, wardrobes, and ACs are not eligible. Partial relief granted.

ITAT Nagpur Restores Appeal Dismissed for Non-Prosecution Due to Short Notices

September 24, 2025 330 Views 0 comment Print

ITAT Nagpur has set aside the dismissal of Balkishan Mohanlal Gandhi’s appeal. The Tribunal ruled that the CIT(A)’s two notices with very short deadlines did not constitute a fair opportunity, and the order was invalid as it failed to be a speaking order.

ITAT Nagpur Remands AY 2018-19 Ex-Parte Loan Addition for Fresh Hearing

September 24, 2025 357 Views 0 comment Print

ITAT Nagpur remands Alankar Real Estates’ case to CIT(A) for a fresh hearing. The Tribunal found the CIT(A)’s dismissal and simultaneous adjudication on merits contradictory, denying the assessee a fair chance.

Excess Stock During Survey is Business Income, Not u/s 69B- 115BBE Cannot Apply

September 24, 2025 327 Views 0 comment Print

The ITAT Nagpur has ruled that income surrendered during a survey from an excess stock of jewelry is business income, not an unexplained investment.

Copyrighted Article vs Copyright – Subscription Fees Not Taxable as Royalty: ITAT Delhi

September 24, 2025 390 Views 0 comment Print

The ITAT Delhi ruled that receipts for online journal access are business income, not royalty. The court held that without a Permanent Establishment, a US company’s income is not taxable in India.

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