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Ancillary Software Services Protected Under DTAA as FTS Conditions Not Met

December 17, 2025 561 Views 0 comment Print

ITAT Mumbai ruled that ancillary software support services did not constitute FTS under the India–Singapore DTAA, deleting a ₹482.77 crore addition due to failure of the make available test.

Search Assessment Limited as Bank Valuation Found Insufficient Evidence

December 17, 2025 267 Views 0 comment Print

Delhi ITAT held that a bank’s valuation report obtained post-search is not incriminating material, restricting unexplained investment addition to a reasonable estimate.

ACB FIR Quashed Due to Lack of Sanction and Recycled Allegations

December 17, 2025 693 Views 0 comment Print

The Supreme Court held that an FIR based on previously closed complaints and filed without mandatory sanction is an abuse of process and must be quashed.

Failure to Follow 263 Directions Renders Assessment Unsustainable

December 17, 2025 390 Views 0 comment Print

ITAT Delhi held that additions under Section 69C cannot be made if the AO exceeds the scope of directions issued under Section 263, emphasizing procedural compliance.

Technical E-Filing Glitches Accepted as Reasonable Cause for Minor Delay

December 17, 2025 597 Views 0 comment Print

The ITAT condoned a two-day delay caused by OTP and system issues, noting the Revenue’s failure to rebut the explanation. The ruling affirms a pragmatic approach to minor procedural lapses.

Additional Depreciation Granted as Oil Extraction Equals Production

December 17, 2025 330 Views 0 comment Print

The tribunal held that every oil well constitutes an independent undertaking eligible for deduction under section 80IB(9). The key takeaway is that profits of individual wells cannot be clubbed merely because they operate under a single contract.

Transfer Pricing Assessments Quashed as Time-Barred Despite DRP Directions

December 17, 2025 831 Views 0 comment Print

The tribunal held that assessments completed through the DRP mechanism remain subject to the outer time limit prescribed under section 153. The key takeaway is that section 144C does not extend or override statutory limitation periods.

ITAT Clarifies 80P Deduction on Deposited Funds of Cooperative Societies

December 17, 2025 753 Views 0 comment Print

ITAT Bangalore ruled that interest earned on deposits from cooperative banks by credit societies is attributable to their business of lending and qualifies for deduction under Section 80P(2)(a)(i).

Credit Society Entitled to Full U/s 80P Deduction on Deposit Interest

December 17, 2025 489 Views 0 comment Print

ITAT Bangalore ruled that interest earned by cooperative societies from cooperative bank deposits is attributable to their business of providing credit and qualifies for deduction under Section 80P(2)(a)(i).

Six Years of Reassessments Remanded for De-Novo Consideration

December 17, 2025 444 Views 0 comment Print

A 284-day delay in filing appeals was condoned after accepting explanations including medical issues and disruptions. The key takeaway is that relief was granted but balanced by imposing costs to deter repeated non-compliance.

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