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Archive: 13 October 2025

Posts in 13 October 2025

Exemption u/s 11 allowed & Penalty u/s 270A deleted – Registration u/s 12AA granted with retrospective effect

October 13, 2025 705 Views 0 comment Print

Upholding the CIT(A)’s decision, the ITAT confirmed that the charitable trusts claim for exemption on ₹2.45 crore application of income could not be denied. The ruling establishes that the registration granted under Section 12AA, even if initially delayed, holds legal force for the current assessment year, nullifying the AOs attempt to tax voluntary contributions.

ITAT Ahmedabad deletes ₹8.80 Cr penalty u/s 271G – Mere “improper benchmarking” is NOT a default under 92D(3)

October 13, 2025 660 Views 0 comment Print

ITAT quashes Rs.8.8 Cr penalty u/s 271G on Atul Ltd.. Penalty applies for non-furnishing TP docs, not for TPO’s rejection of the assessee’s benchmarking method. Cites Delhi HC precedent.

Procedural Justice: ITAT Restores Appeal Dismissed for Missing Statement of Facts, Mandates Merits Adjudication

October 13, 2025 555 Views 0 comment Print

The Tribunal directed the CIT(A) to decide the appeal afresh on its merits, including a ₹75 lakh unexplained cash advance addition, after finding that the earlier dismissal was based purely on a procedural technicality. The ruling emphasizes that the CIT(A) must use their wide powers to adjudicate on merits and cannot reject an appeal at the threshold.

Unexplained expenditure addition based on suspicion without independent enquiry cannot be sustained

October 13, 2025 372 Views 0 comment Print

ITAT Mumbai held that addition towards unexplained expenditure merely on the basis of suspicion based on information received from another authority without independent enquiry cannot be sustained. Accordingly, appeal of revenue dismissed.

Waiver application u/s. 244 of Companies Act by non-members cannot be sustained

October 13, 2025 750 Views 0 comment Print

NCLAT Chennai held that application under section 244 of the Companies Act, 2013 seeking waiver by the non-members cannot be allowed. Accordingly, order quashed and appeal stands allowed.

Photography flashlights which produces flash for short duration is classified under CTH 9006

October 13, 2025 453 Views 0 comment Print

CESTAT Delhi held that photography flashlights which produces a flash for a very short duration are classifiable under Customs Tariff Heading 9006 99 00 and not under 9405 40 10. Accordingly, Principal Commissioner cannot discard order of Commissioner (A) and Joint Commissioner to reclassify the goods.

No recall to dismissal order as alleged bias by Technical Member not proven

October 13, 2025 378 Views 0 comment Print

Technical Member’s prior role as HUDCO nominee director did not establish real danger or reasonable apprehension of bias. Tribunal held that the recall application lacked merit and was a belated attempt to reopen a matter that had already attained finality.

Interconnect usage and roaming charges paid to FTO are not royalty hence not taxable in India

October 13, 2025 708 Views 0 comment Print

ITAT Mumbai held that the interconnect usage charges and roaming charges paid to Foreign Telecom Operators [FTOs] are not in the nature of royalty and hence not taxable in India. Thus, disallowance u/s. 40(a)(i) for non-deduction of TDS not justified. Accordingly, appeal allowed to that extent.

Section 68 Addition Not Justified for Loan Before Business Commencement: ITAT Jaipur

October 13, 2025 579 Views 0 comment Print

Tribunal held that unexplained credit u/s 68 cannot be added when assessee has not yet commenced business. Loans received via account payee cheques from relatives of partners were genuine, referencing Alankar Promoters LLP vs ITO (Delhi HC).

MTD for Income Tax: The Next Big Step by HMRC

October 13, 2025 1089 Views 0 comment Print

MTD for ITSA mandates digital record-keeping and quarterly updates for self-employment and property income. Effective April  2026 for 50k+ income.

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