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Amount already disclosed before Settlement Commission cannot be added against u/s. 68

November 10, 2025 453 Views 0 comment Print

Delhi High Court held that addition of unsecured loans under section 68 of the Income Tax Act rightly deleted since the said amount is already disclosed before Income Tax Settlement Commission. Accordingly, appeal of revenue dismissed.

Tax audit not required as turnover didn’t exceed prescribed limit: business loss allowed

November 10, 2025 660 Views 0 comment Print

ITAT Jaipur held that denial to allow the business loss stating the requirement of books of accounts to be audited is not justifiable since turnover during relevant period didn’t exceed the prescribed limit for getting books of accounts audited.

Addition u/s. 68 towards cash deposit during demonetization deleted since it was out of cash sales

November 9, 2025 501 Views 0 comment Print

ITAT Chennai held that addition under section 68 of the Income Tax Act rightly deleted by CIT(A) since cash deposit during demonetization duly reflected as cash sales and there was no abnormal spike in sales during demonetization.

Comparable controlled transaction not to be taken as comparable to benchmark international transaction

November 9, 2025 297 Views 0 comment Print

ITAT Delhi held that comparable controlled transaction cannot be taken as comparable to benchmark the international transaction. Accordingly, transfer pricing adjustment in respect of international transaction towards payment of royalty deleted.

Activity of hostel/mess being part of main activity eligible for 15% standard exemption u/s. 11(1)(a)

November 9, 2025 360 Views 0 comment Print

ITAT Indore held that activity of providing hostel/mess is part of main activity of imparting education. Hence, claim of 15% of gross receipts as eligible exemption under section 11(1)(a) of the Income Tax Act justified.

Fish Oil – Ethyl Ester is classifiable under CETH 1516 1000 and not under 3824 9090

November 9, 2025 384 Views 0 comment Print

CESTAT Chennai held that Enriched Omega 3 Fatty Acid (Fish Oil – Ethyl Ester) and Enriched Omega 3 Fatty Acid-Powder (Fish Oil – Ethyl Ester-Powder) are classifiable under CETH 1516 1000 and not under CETH 3824 9090 as contested by department.

Revision u/s. 263 quashed as object advancement of general public utility held as charitable purpose

November 9, 2025 366 Views 0 comment Print

ITAT Mumbai held that National Payments Corporation of India carries out activities which has been recognized as charitable under category of advancement of object for general public utility. Accordingly, revisionary order u/s. 263 quashed as issue already dealt in detail by AO.

Delay in filing audited report due yo auditor’s mistake cannot invalidate exemption u/s. 11 and 12

November 8, 2025 732 Views 0 comment Print

Delhi High Court held that non-granting of exemption claimed under section 11 and 12 of the Income Tax Act due to delay of 16 days in filing audited report in From 10B not justified since the due to inadvertence error on the part of the auditor / tax professional.

Denial of IGST refund u/r 96(10) set aside as additional evidence not considered: Matter remanded

November 8, 2025 375 Views 0 comment Print

Gujarat High Court held that denial of IGST refund under rule 96(10) of the Central Goods and Services Tax Rules without considering additional evidences produced by the assessee is not justifiable. Accordingly, matter remanded back to appellate authority for fresh de-novo order.

‘Crypto Currency’ is a property which is capable of being held in trust

November 8, 2025 495 Views 0 comment Print

Madras High Court held that ‘crypto currency’ is a property which is capable of being held in trust. Accordingly, held that applicant is entitled to an interim protection under section 9 of the Arbitration and Conciliation Act.

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