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Royalty income, uncertain in collection, cannot be taxed merely due to TDS deduction

June 27, 2025 588 Views 0 comment Print

ITAT Delhi rules that royalty income, uncertain in collection, cannot be taxed merely due to TDS deduction. Real income theory and AS-9 prevail.

Reassessment Notice u/s 148 Quashed Due to Issuance Beyond Limitation Period

June 24, 2025 8334 Views 0 comment Print

ITAT Delhi quashes reassessment for AY 2015-16, finding the Section 148 notice issued on July 29, 2022, was beyond the statutory limitation period.

Calcutta HC upholds deletion of addition of ₹5.07 Cr relating to share capital & premium 

June 18, 2025 987 Views 0 comment Print

Calcutta High Court upholds Tribunal’s decision, dismissing revenue’s appeal in Mallcom VSFT Gloves case regarding Section 68 addition of Rs. 5.07 Crores.

Section 80G Approval cannot be denied merely on presumptions: ITAT Hyderabad

June 12, 2025 537 Views 0 comment Print

ITAT Hyderabad remands Mahindra University’s 80G application to CIT(E), citing arbitrary rejection despite prior 10(23C)(vi) approval for charitable education.

GoDaddy Income Not Royalty or FTS, Rules ITAT Delhi

May 12, 2025 1827 Views 0 comment Print

ITAT Delhi held GoDaddy’s income from domain registration, hosting, and other services not taxable as royalty or FTS under the Income Tax Act or India-USA DTAA.

IT Assessment Invalid Due to Absence of Transfer Order Under Section 127: ITAT Delhi

May 12, 2025 2130 Views 0 comment Print

ITAT Delhi ruled an income tax assessment invalid, quashing the order. The assessment was completed by an officer lacking jurisdiction without a valid Section 127 transfer order.

Share Application Money from Existing Shareholders, Later Converted to Shares, Is a Capital Receipt

May 2, 2025 1095 Views 0 comment Print

ITAT Mumbai rules share application money from existing shareholders, later converted to shares, is a capital receipt, not taxable as business income u/s 28(iv).

Section 40(a)(ia) disallowance Invalid If Payee Declared Income; Form 26A Not Applicable Pre-2012

May 2, 2025 1068 Views 0 comment Print

ITAT Kolkata allows appeal, holding TDS disallowance unsustainable if payee taxed income, especially when Form 26A wasn’t applicable.

No Section 270A Penalty for Delay in Filing Form 67 if no Misreporting of Income

May 2, 2025 1095 Views 0 comment Print

ITAT Visakhapatnam rules no penalty for late Form 67 filing when foreign tax payment is genuine; upholds CIT(A) decision against Revenue.

Interest on Enhanced agricultural Land acquisition Compensation Under Section 28 is Tax-Free

May 2, 2025 3792 Views 0 comment Print

ITAT Delhi holds interest on enhanced land acquisition compensation under Section 28 is tax-free under Section 10(37), not taxable under Section 56.

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