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10(23C)(vi) Exemption Wrongly Denied; Surplus Development Fund Not Proof of Profit Motive

November 17, 2025 1425 Views 0 comment Print

The Tribunal held that use of surplus for land purchase in the society’s name reflects genuine educational intent. It rejected the view that recurring surplus amounts to profit motive and found the earlier inquiry incomplete. The application under Section 10(23C)(vi) was remanded for proper evaluation.

Expenditure on Short-Lived CAD Software Eligible for 80IC Deduction

November 17, 2025 309 Views 0 comment Print

ITAT Chandigarh ruled that CAD software with a short lifecycle and frequent upgrades qualifies as revenue expenditure, enabling full Section 80IC deduction. AO and CIT(A) orders were set aside.

DRP Wrongly Rejected Vital Evidence; Matter Remanded for Fresh TP Adjudication

November 17, 2025 1539 Views 0 comment Print

The Tribunal held that the DRP erred in refusing to consider the USAID–AE agreement, which directly established the back-to-back cost-plus-6% model. It ruled that such crucial evidence cannot be dismissed on a procedural technicality and remanded the matter for fresh adjudication.

Section 151A Breach: ITAT Quashes Reopening, ₹58.68 Cr Bogus Purchase Addition Deleted

November 16, 2025 1536 Views 0 comment Print

 ITAT Chandigarh held that a Section 148 notice issued by the Jurisdictional AO instead of Faceless AO violated statutory provisions, quashing the assessment for AY 2016-17.

Full 80P Deduction Upheld as Nominal Members Counted as ‘Members’ Under State Law

November 16, 2025 1263 Views 0 comment Print

Explains when co-operative societies providing credit to members can claim full deductions under section 80P(2)(a)(i) despite having nominal members.

ITAT Delhi Allows Section 54 Exemption for Property Purchased in Australia

November 16, 2025 2055 Views 0 comment Print

The tribunal ruled that Section 54 benefits apply to property purchased abroad before AY 2015-16, reversing the prior disallowance. Cash deposits in bank accounts without business entries cannot be treated as unexplained credit.

Net Agricultural Income Accepted After Tribunal Revises Expense Claim

November 16, 2025 714 Views 0 comment Print

Tribunal reviewed onion cultivation expenses claimed at 21% of gross receipts and found CIT(A)’s 35% estimate excessive. Net agricultural income accepted at Rs.67.12 lakh, partly allowing the appeal.

Penalty u/s 271AAC & 270A Remanded as Quantum Appeal Restored for Fresh Hearing

November 16, 2025 1050 Views 0 comment Print

 ITAT restored penalties under Sections 271AAC and 270A after noting CIT(A) dismissed appeal without hearing assessee. Case highlights necessity of providing a fair opportunity before imposing penalties.

Penalty u/s 271AAB Upheld: Admission of ₹3 Crores in Search Held ‘Undisclosed Income’

November 16, 2025 1065 Views 0 comment Print

ITAT Bangalore confirmed that income admitted under Section 132(4) constitutes undisclosed income under Section 271AAB. The assessee’s claim of voluntary disclosure to avoid litigation was rejected, validating the ₹30 lakh penalty.

Form 71 Corrects Buyer’s TDS Error, Capital Gain Taxed in Transfer Year: ITAT Delhi Allows Full Credit

November 16, 2025 1407 Views 0 comment Print

ITAT Delhi held that TDS deposited by a buyer in a later year cannot override correct assessment year of capital gains. Form 71 enables taxpayers to claim such TDS credit in year of transfer.

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