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Addition Deleted as Cash Deposits Linked to Earlier Withdrawals

December 2, 2025 849 Views 0 comment Print

The Tribunal held that cash deposits were fully explained through matching earlier withdrawals. The addition of ₹15 lakh was removed as the source of funds was satisfactorily proven.

Addition on Car Sale Profit Deleted for Ignoring Block Depreciation Rules

December 2, 2025 1176 Views 0 comment Print

The Tribunal held that book profit on sale of a motor vehicle cannot be taxed separately when the sale value is already reduced from the block. It ruled that taxing such profit would cause double taxation.

DTAA prevails over Section 206AA even if non-resident does not have a PAN: SC

November 26, 2025 2307 Views 0 comment Print

Supreme Court dismissed SLPs, confirming that DTAA rates override Section 206AA for non-residents without PAN. The case follows the Air India ratio, providing legal finality on TDS obligations.

Section 68 Addition Deleted as Agreements to Sell Accepted as Valid Source of Capital

November 25, 2025 753 Views 0 comment Print

ITAT held that capital introduced from ancestral land sale cannot be treated as unexplained merely due to absence of a registered sale deed. Agreements to sell, identity records, and transaction details sufficiently proved the source.

Faceless Regime Not Exclusive: Delhi HC Confirms JAO’s Power to Issue 148 Notices

November 25, 2025 1323 Views 0 comment Print

Delhi HC ruled that both jurisdictional and faceless officers can issue Section 148 notices. It reaffirmed that faceless regime does not eliminate JAO authority until Supreme Court decides otherwise.

ITAT Kolkata Deletes Section 56(2)(x) Addition for Govt. Property Purchase

November 25, 2025 711 Views 0 comment Print

The Tribunal held that purchase from a State Government entity cannot be undervalued, deleting Rs. 6.59 crore addition under Section 56(2)(x).

Drastic Price Increase Cannot Trigger Section 50CA Without Evidence of Under-Reporting

November 20, 2025 1044 Views 0 comment Print

ITAT emphasised that valuation must reflect circumstances on the transaction date. AO cannot use hindsight or later valuations to make additions under Section 50CA.

ITAT Delhi Strikes Down 271DA Penalty for Missing Satisfaction in Assessment Order

November 20, 2025 1743 Views 0 comment Print

The Tribunal held that penalty under Section 271DA cannot be imposed when the assessment order lacks recorded satisfaction of a 269ST violation. The ruling confirms that satisfaction by the Assessing Officer is a mandatory precondition.

Long-Term Lease Premium & Car Parking charges not liable to Service Tax: CESTAT Kolkata

November 19, 2025 582 Views 0 comment Print

The Tribunal held that one-time lease premium and salami for commercial units cannot be taxed as renting services because the transaction involved transfer of substantial property rights and construction service, not periodic rent. Car-parking fees were also found non-taxable under renting. The ruling provides key clarity for real estate developers on classification and abatement eligibility.

Mere TDS Deduction Year Doesn’t Decide Year of Income Taxability: ITAT Delhi

November 11, 2025 1209 Views 0 comment Print

The Tribunal held that income is taxable in the year it accrues, not in the year TDS is deducted by the payer, rejecting addition based solely on Form 26AS.

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