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Section 69A Addition Invalid if ownership of money or valuable not proved: ITAT Nagpur

April 10, 2025 324 Views 0 comment Print

There are absolutely no credible and reliable evidences to establish that entire loans in cash were from the undisclosed funds whereas loan in cheques were accepted to be that of person other assessee and his role as a conduit or a mere intermediary was established.

Matter remanded to check whether activity is charitable or General Public Utility

April 9, 2025 168 Views 0 comment Print

ITAT Delhi remanded the matter back to the file of AO to re-consider the activities of assessee trust vis-à-vis its coverage under charitable activities or General Public Utility.

Disallowance of delayed employees’ contribution vide u/s. 143(1) sustained based on auditor’s observation

April 9, 2025 174 Views 0 comment Print

ITAT Ahmedabad held that disallowance of delayed payment of employees’ contribution to EPF and ESI in terms of section 143(1) of the Income Tax Act can be made based on auditor’s observation. Accordingly, disallowance upheld.

ITAT Delhi directed TPO to accept Advance Pricing Agreement parameters for royalty adjustment

April 9, 2025 72 Views 0 comment Print

ITAT Delhi held that Transfer Pricing Adjustment in respect of transaction of payment of royalty is set aside and Transfer Pricing Officer [TPO] is directed to accept the parameters of determination of compensation as accepted in Advance Pricing Agreement [APA].

Assessment order quashed as mere technical approval granted u/s. 153D: ITAT Delhi

April 9, 2025 543 Views 0 comment Print

ITAT Delhi held that the approval granted u/s. 153D in the nature of a ‘technical approval’ in symbolic exercise of powers under s. 153D. Hence, the consequential assessment orders based on such repugnant approval under s. 153D is bad in law in tune with earlier years.

Section 151A: JAO Lacks Jurisdiction to Issue Section 148 Income Tax Notices

April 9, 2025 3561 Views 0 comment Print

Rajasthan High Court held that, in terms of section 151A of the Income Tax Act, Jurisdictional Assessing Officer [JAO] doesn’t have jurisdiction to issue notices under section 148 of the Income Tax Act. Accordingly, notices u/s. 148 are liable to be quashed.

Employees’ contribution to PF/ESI after statutory due dates not deductible: ITAT Ahmedabad

April 9, 2025 63 Views 0 comment Print

ITAT Ahmedabad held that employees’ contribution to PF/ESI after statutory due dates but before due date of filing income tax returns not allowable as deduction. Accordingly, appeal of the assessee dismissed.

No Forfeiture of Security Deposit for declaration Non-Filing as per Circular 16/2009-Customs

April 9, 2025 180 Views 0 comment Print

CESTAT Mumbai held that failure to file declaration detailing particulars of supplier of goods as prescribed in circular no. 16/2009-Customs dated 25th May 2009 is technical irregularity.

Addition based on dumb seized document not sustainable: ITAT Delhi

April 9, 2025 3705 Views 0 comment Print

ITAT Delhi held that seized document merely indicates some rates than pinpointing any specific on-money payment or receipt; as the case may be, involving the assessee. Thus, addition is liable to be deleted.

Exemption u/s. 11 and 12 allowed as application of funds was deployed not to earn income

April 8, 2025 189 Views 0 comment Print

Delhi High Court held that application of funds by Indian Broadcasting Foundation in BARC doesn’t qualify as deployment was not intended to yield income/profit hence denial of exemption u/s. 11 and 12 of the Income Tax Act not justified.

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