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Loan EMIs Alone Can’t Justify High Income in Accident Claims: SC

December 16, 2025 336 Views 0 comment Print

The issue was whether payment of substantial loan EMIs can be treated as proof of income. The Court ruled that EMIs, without corroborative evidence, cannot determine income, leading to a downward revision of compensation.

Section 271(1)(c) Penalty Proceedings Failed Because Levy Exceeded Scope of Notice

December 16, 2025 489 Views 0 comment Print

The ITAT held that penalty under Section 271(1)(c) fails where the notice alleged inaccurate particulars but the levy was based on concealment.

Section 153A Assessment Restored Because Appeal Was Decided Ex Parte

December 16, 2025 297 Views 0 comment Print

The ITAT set aside the appellate order after finding that the appeal was dismissed without proper hearing or examination of the assessee’s case.

Rs. 4.55 Crore Addition Invalid as Bogus Purchases Were Recorded in Books: ITAT Delhi

December 16, 2025 819 Views 0 comment Print

The case addressed whether recorded purchases of ₹4.55 crore could still be treated as unexplained income. The Tribunal held that without evidence of off-book investments, section 69 has no application.

Bandwidth Charges Not Taxable as Royalty Under India-Singapore DTAA: ITAT Delhi

December 15, 2025 741 Views 0 comment Print

The Tribunal ruled that payments for IPL and MPLS bandwidth services do not constitute royalty under section 9(1)(vi) or Article 12(3) of the India-Singapore Tax Treaty, following consistent earlier rulings.

Penalty u/s 271D Set Aside Due to Lack of Substantive Hearing

December 15, 2025 339 Views 0 comment Print

The Tribunal ruled that non-filing of submissions alone cannot justify confirming penalties under section 271D. CIT(A) orders were set aside, and reassessment was directed after providing full hearing rights.

8% Presumptive Profit Upheld Where No Books Maintained: ITAT Chennai Backs CIT(A)’s Estimation

December 15, 2025 507 Views 0 comment Print

ITAT Chennai confirmed that 8% profit estimation for a civil contractor was reasonable, rejecting the assessee’s 6% claim and AO’s 10% estimate, emphasizing consistency with subsequent years’ presumptive returns.

Diary Entries Alone Insufficient to Trigger Section 153C Proceedings

December 15, 2025 621 Views 0 comment Print

ITAT Delhi held that Section 153C proceedings cannot proceed on mere suspicion; the AO must establish that seized material impacts the assessee’s total income. The assessments for AYs 2018-19 and 2019-20 were fully quashed.

Ex-Parte Order No Ground to Deny Justice: Matter Sent Back to CIT(A)

December 15, 2025 309 Views 0 comment Print

Tribunal held that non-filing of submissions or non-appearance cannot override substantive justice. CIT(A)’s order confirming additions was set aside, and matter remitted for fresh hearing.

ITAT Upholds U/s 80P(2)(d) Deduction on Deposits with Co-operative Banks

December 15, 2025 939 Views 0 comment Print

ITAT Mumbai ruled that a co-operative society’s deposits in co-operative banks are eligible for deduction under section 80P(2)(d), despite section 80P(4) limiting banks themselves. The decision reinforces liberal interpretation of 80P to support the co-operative sector.

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