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Archive: 08 October 2025

Posts in 08 October 2025

Wrong clause in Form 10AB not fatal – ITAT Pune remands matter for fresh consideration of 12AB & 80G registration

October 8, 2025 693 Views 0 comment Print

Pune ITAT set aside a CIT(E) order, ruling that a wrong clause in Form 10AB isn’t fatal. Directs CIT(E) to allow rectification & reconsider 12AB registration/80G approval.

Sports Club Scores Again- Receipts Within 20% Safe Harbour- CIT(E) Can’t Rewrite AO’s View Gymkhana’s 263 Revision Set Aside- Tribunal Rebukes CIT(E)’s Overreach

October 8, 2025 303 Views 0 comment Print

Pune ITAT set aside a CIT(E) revision against PYC Gymkhana, ruling the AO’s view was plausible since business receipts were below the 20% limit in Section 2(15) Proviso (ii).

“Make-Available” Clause Saves Pratt & Whitney – Wins ₹242 Cr FTS Dispute- Aircraft Engine Repair Abroad Not FTS – Tribunal Holds No Transfer of Know-How to Indian Clients

October 8, 2025 447 Views 0 comment Print

Delhi ITAT ruled that Pratt & Whitney’s overseas aircraft engine repair is not Fees for Technical Services (FTS) as it fails the DTAA’s “make-available” test. The ₹242 Cr demand was deleted.

ITAT Pune Quashes PCIT’s 263 Order Passed in Haste – “Hear the Other Side” Rule Violated, Says Tribunal

October 8, 2025 243 Views 0 comment Print

Pune ITAT set aside a PCIT’s Section 263 revisionary order against Ravindra Chavan, ruling the “Hear the Other Side” rule was breached by relying on un-confronted material.

Final assessment order time barred in terms of section 144C(13) of Income Tax Act

October 8, 2025 1137 Views 0 comment Print

Assessee has preferred the present appeal mainly assailing validity of final assessment order dated 30.06.2022 on the ground of limitation. It is contested that the Dispute Resolution Panel (DRP) issued directions u/s. 144C(5) of the Act on 23.03.2022, the Assessing Officer (AO) passed final assessment order on 23.06.2022.

Penalty imposed by CCI on bid-rigging in soil testing tenders upheld

October 8, 2025 402 Views 0 comment Print

NCLAT Delhi held that penalty as imposed by Competition Commission of India [CCI] on account of bid-rigging in soil testing tenders invited by Development of Agriculture, Government of Utter Pradesh against several companies and directors upheld.

Conditions for provisional release of seized PVC coated fabric modified

October 8, 2025 372 Views 0 comment Print

Madras High Court modified conditions for provisional release of PVC Coated Fabric [goods involved in misclassified and undervalued] and directed payment of duty; payment of 50% of differential duty and execution of bond for specified amount.

Deduction u/s. 54F being beneficial provision to be applied as per peculiar situation

October 8, 2025 762 Views 0 comment Print

ITAT Delhi held that provision of section 54F of the Income Tax Act are beneficial provision and the same has to be applied as per the peculiar situation of each case. Here, exemption u/s. 54F granted in spite of delay in construction of residential property since it was beyond the control of the assessee.

CBDT notifies Jhansi Development Authority Income Tax Exemption

October 8, 2025 360 Views 0 comment Print

CBDT Notification 150/2025 grants income tax exemption to the Jhansi Development Authority under Section 10(46A), effective from Assessment Year 2025-26.

Successful Resolution Applicant cannot be forced to deal with claim that resolution plan

October 8, 2025 777 Views 0 comment Print

Supreme Court held that the Successful Resolution Applicant [SRA] cannot be forced to deal with claims that are not a part of the Request for Resolution Plan [RfRP] issued in terms of Section 25 of the IBC or a part of its Resolution Plan.

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