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Archive: 13 October 2025

Posts in 13 October 2025

Related Party Transactions Vs Transaction With A Related Party- A Brief Overview

October 13, 2025 2298 Views 0 comment Print

Summary of difference between Related Party Transactions (RPT) under Section 188 (requiring approval) and broader term ‘Transaction with a Related Party’ for compliance.

Pre Budget Memorandum 2026: Tax Base, Avoidance, Litigations

October 13, 2025 34986 Views 7 comments Print

Pre-Budget 2026 suggestions for widening the tax base, reducing litigation with 30-day resolution limits, rationalizing to a single tax regime, and improving tax administration.

Unabated Assessment Protection: ITAT Deletes ₹6.70 Cr Share Addition; Third-Party Statement is Not Incriminating Material

October 13, 2025 627 Views 0 comment Print

Kolkata ITAT ruled in DCIT vs. Jupiter International that a ₹6.7 crore addition in an unabated tax year was illegal. Jurisdiction under Section 153A fails without seized, incriminating material, per SC precedent.

Consistency Prevails: ITAT Delhi Restores Appeal for Legal Heir Following Remand of Prior Assessment Years

October 13, 2025 399 Views 0 comment Print

Adopting a principle of consistency, the ITAT Delhi restored the appeal for AY 2009-10 to the CIT(A), following its own earlier order for AYs 2010-11 to 2019-20 in the assessees case. The ruling ensures that the legal heir gets a proper chance to present evidence and submissions, thereby nullifying the additions made in the ex-parte proceedings.

Tax Audit Exception: ITAT Confirms Interest is Not “Gross Receipts” for 44AB and Deletes Penalty

October 13, 2025 315 Views 0 comment Print

The ITAT Delhi allowed the appeal because the penalty under Section 271A for non-maintenance of books had already been deleted by the Tribunal, establishing that the authority was not legally obliged to keep books. The Tribunal concluded that if no books are required to be maintained under Section 44AA, no penalty for failure to audit them under Section 271B can legally survive.

ITAT Ahmedabad Slams Suspicion: Addition Deleted After Assessee Proves Loan Source with Land Sale Deed and Confirmations

October 13, 2025 342 Views 0 comment Print

The Tribunal directed the deletion of the balance unexplained cash credit, emphasizing that mere suspicion of cash deposits in the lenders account doesnt negate the genuineness of a loan when the lender has significant proven sources like an agricultural land sale.

Bogus LTCG Allegation: ITAT Remands ₹2.28 Cr Addition as AO Failed to Independently Verify Evidence

October 13, 2025 243 Views 0 comment Print

The ITAT Ahmedabad set aside the addition of ₹2.28 crore LTCG, holding that the Assessing Officer failed to conduct any independent inquiry or verify the assessees documentary evidence before treating the gain as bogus. The Tribunal restored the case, emphasizing that an allegation of penny stock misuse cannot be sustained merely on third-party information without a proper, on-merits examination of the assessees documentation.

ITAT Directs Reconsideration of 80G Denial: Trust Serving Scheduled Tribe Not Religious in Nature

October 13, 2025 342 Views 0 comment Print

ITAT Rajkot directs CIT(E) to reconsider 80G approval for Meena Samaj Seva Trust, confirming trusts serving Scheduled Tribes are not barred under Section 80G(5).

Grappling with Labour Shortage: Reimagining Real Estate for India’s 2047 Vision

October 13, 2025 420 Views 0 comment Print

A 4-million labour shortfall in the real estate sector is delaying projects and raising costs. India’s new labour codes offer solutions through minimum wages, social security, and worker safety reforms.

ITAT Mumbai Allows Carry Forward of Capital Loss Despite Exempt Gains Under DTAA

October 13, 2025 765 Views 0 comment Print

The ITAT Mumbai ruled in favour of Goldman Sachs (Singapore) Pte, holding that an FPI claiming capital gains exemption under the India-Singapore DTAA (Article 13) cannot be forced to set off prior year’s brought-forward losses against that exempt income.

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