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Archive: 02 November 2025

Posts in 02 November 2025

Transfer of Case Within Same City Needs No Fresh Notice: ITAT Upholds Reassessment

November 2, 2025 258 Views 0 comment Print

ITAT clarified that transfer of case between officers in the same city does not require a new notice or hearing, reinforcing that procedural continuity under Section 127(4) ensures jurisdictional validity.

Agricultural Land Beyond 8 km Limit Not Taxable as Capital Asset: ITAT Indore

November 2, 2025 1524 Views 0 comment Print

ITAT Indore held that land located beyond 8 km from nearest municipality does not qualify as a capital asset under Section 2(14)(iii), exempting gains from capital gains tax.

Donation & Salary Kickback: ITAT Ahmedabad Partly Upholds Additions

November 2, 2025 528 Views 0 comment Print

ITAT Ahmedabad partly allowed the Revenue’s appeal, fully upholding the addition for salary kickbacks based on overwhelming seized evidence showing a routine, systematic practice. The Tribunal confirmed that this consistent pattern justified extrapolation for the full year.

Typo Error in Recorded Reasons Doesn’t Invalidate Reassessment on Penny Stock LTCG

November 2, 2025 372 Views 0 comment Print

Rejecting assessee’s plea of invalid reopening, Tribunal ruled that minor clerical mistakes in reasons recorded under Section 147 do not vitiate proceedings if substantive material exists. Information disseminated through Insight Portal was sufficient to establish AO’s belief.

AO Cannot Presume International Transaction Merely Based on High AMP Spend

November 2, 2025 498 Views 0 comment Print

ejecting the Revenue’s approach, the Tribunal held that mere quantum of advertisement or marketing expenses cannot trigger transfer pricing adjustment without demonstrating a direct nexus with a foreign AE.

Section 11 Exemption Cannot Be Denied Merely for Non-Production of 12A Certificate When 80G Proof Exists

November 2, 2025 411 Views 0 comment Print

ITAT Jaipur held that denial of Section 11 exemption solely due to non-furnishing of the registration certificate under Section 12A is invalid where 80G approval exists, since 80G presupposes valid 12AA registration.

ITAT Pune: Profit on Sale of Agricultural Land Not Automatically Business Income – Intent of Purchase Must Be Examined

November 2, 2025 735 Views 0 comment Print

Tribunal ruled that merely selling agricultural land does not make it a business transaction. It directed AO to reassess whether land was held for investment or trade based on intention, frequency and surrounding facts.

Poplar Tree Sale Accepted as Genuine; Section 115BBE Not Applicable: ITAT Dehradun

November 2, 2025 375 Views 0 comment Print

ITAT Dehradun accepted ₹15 lakh from poplar tree sales as explained income and ruled that Section 115BBE applies prospectively from 1 April 2017. Tribunal granted partial relief, deleting major additions made on demonetisation cash deposits.

NCLT Approves Trishul Dream Homes Resolution Plan After NCLAT Direction

November 2, 2025 489 Views 0 comment Print

NCLAT held that the NCLT erred in rejecting a CoC-approved resolution plan, emphasizing that commercial wisdom should prevail absent statutory violations under Section 30(2) of the IBC.

Rajasthan HC Quashes Income Tax Case Transfer for Lack of Hearing

November 2, 2025 246 Views 0 comment Print

The Rajasthan High Court set aside the transfer of an income tax assessment file from Udaipur to New Delhi in the Murliwala Agrotech case, ruling that the mandatory opportunity of hearing under Section 127 of the Income Tax Act cannot be circumvented without recorded reasons.

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