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Archive: 06 November 2025

Posts in 06 November 2025

Reversal of Disallowed Liquidated Damages Cannot Be Taxed again ITAT Chennai

November 6, 2025 378 Views 0 comment Print

ITAT Chennai granted relief, holding that reversal of a provision for liquidated damages, which was disallowed and subsequently taxed under VSV Scheme in earlier years, cannot be taxed again under Section 41(1). This prevents double taxation.

Entire ALV Cannot Be Assessed on Partially Let Out Property: ITAT Delhi

November 6, 2025 354 Views 0 comment Print

ITAT Delhi directed the AO to compute Annual Letting Value (ALV) only for the portion of the house property actually rented out (third/fourth floors). Taxing the entire property based on assumptions, ignoring the owner’s self-occupation, was held to be unjustified.

Deductions and Allowances for Salaried Employees: A Comprehensive Guide

November 6, 2025 22857 Views 0 comment Print

Overview of tax treatment for a salaried employee, covering fully and partially taxable allowances (HRA, transport), standard deductions (Section 16), and key investment-linked deductions under Chapter VI-A (80C, 80D, 80CCD).

“ITAT Kolkata Quashes Reopening for AY 2015-16: TOLA Extension Not Applicable

November 6, 2025 432 Views 0 comment Print

 ITAT Kolkata quashed the reopening for AY 2015-16, following the Supreme Court’s Rajeev Bansal ruling. The Tribunal held that the benefit of the extended limitation under TOLA was unavailable after 01.04.2021 for this assessment year.

Section 498A Misuse: Delhi HC Quashes FIR against Distant Relatives in Dowry Case

November 6, 2025 462 Views 0 comment Print

Delhi High Court notes a trend of false implication of husband’s distant relatives in dowry cases. HC quashed FIR against petitioners, holding that general interference does not constitute cruelty under Section 498A IPC.

Tax Treatment on Compulsory Land Acquisition: Rules & Exemptions

November 6, 2025 51711 Views 0 comment Print

Understand the tax rules for capital gains on compulsory land acquisition (Section 45(5)), including the taxation of initial and enhanced compensation, cost basis, and exemptions. Details on TDS under Section 194LA, including rates (10%), thresholds (₹5L), and compliance.

Notice u/s 143(2) Not in Prescribed Format Held Invalid and Void Ab Initio: ITAT Kolkata

November 6, 2025 948 Views 0 comment Print

ITAT Kolkata invalidated the assessment under Section 143(3), ruling that the foundational notice under Section 143(2) was void ab initio for failing to comply with the mandatory CBDT prescribed format. CBDT instructions issued under Section 119 are binding on the department.

Late Filing of Form 10B/10BB Not Fatal: ITAT Kolkata Grants Trust Exemption

November 6, 2025 654 Views 0 comment Print

ITAT Kolkata ruled that a charitable trust’s exemption under Section 11/10(23C) cannot be denied for technical lapse of belatedly filing Form 10B/10BB. Audit report was available when return was processed.

Bona Fide Purchasers Entitled to ITC Despite Seller Default: SC Judgment & GST

November 6, 2025 5895 Views 2 comments Print

SC ruled a bona fide buyer cannot be denied ITC under DVAT Act if seller defaults on depositing tax. The remedy is against defaulting seller, protecting compliant taxpayers.

TDS on Composing Charges Deductible Under Section 194C, Not 194J: ITAT Kolkata

November 6, 2025 447 Views 0 comment Print

ITAT Kolkata ruled that payments for composing and DTP work are contractual, not technical services, and thus taxable under Section 194C, not Section 194J of Income Tax Act.

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