The Tribunal held that disallowance under section 40A(3) cannot be made on assumptions of split payments. In the absence of evidence showing lump-sum cash payments exceeding the statutory limit, the addition was deleted.
The Tribunal held that selecting an incorrect clause in Form 10AB is a technical defect. Charitable registration cannot be denied when all substantive requirements are satisfied.
The Tribunal held that the six-month timeline under section 12A(1)(ac)(iii) does not apply to existing trusts. Final registration cannot be rejected merely on alleged delay.
The Tribunal held that additions treating shooting location receipts as house property income were premature. Authorities were directed to re-examine the claim after considering all relevant documents.
The dispute examined whether satellite transponder charges paid to a foreign entity constituted royalty requiring tax deduction at source. The Tribunal held that such payments were not royalty under the India–UK DTAA, as there was no use of a secret process or transfer of rights. Consequently, no withholding tax obligation arose under section 195
The Tribunal held that rights received under a joint development agreement are not free but exchanged for land. Indexed cost must therefore be allowed while computing capital gains.
The Tribunal ruled that once additional evidence is admitted, the appellate authority must adjudicate it on merits. Absence of a speaking order required the matter to be remanded for fresh consideration.
The Tribunal held that once sales are accepted, corresponding purchases cannot be treated as bogus. Disallowance based only on supplier non-compliance was held unsustainable.
The case examined whether tax authorities could deny working capital adjustment despite clear prior directions of the Tribunal. The ITAT held that such directions are binding and must be implemented in letter and spirit. Once the adjustment was granted, the assessee’s margin fell within the permissible arm’s length rang
The Tribunal noted that share application money in the first year requires proper enquiry before invoking Section 68. Additions were deleted as statutory conditions were satisfied.
