The Tribunal condoned a 563-day delay in filing appeal caused by frequent changes in management and poor communication in a co-operative bank. It held that negligence of officials should not override substantive justice and remanded the case for fresh adjudication by CIT(A)/NFAC.
The ITAT Mumbai ruled that payments received by a Singapore company from its Indian affiliate for Regional Service Agreement (RSA) support are not taxable as royalty under Section 9(1)(vi) or the DTAA. The Tribunal held that applying expertise for managerial and administrative services on a cost-sharing basis is a service, not the transfer of know-how.
The ITAT Kolkata allowed a trusts appeal, ruling its anonymous donations were not taxable under Section 115BBC after the trust demonstrated its objects included both religious and charitable purposes via an amended deed. The ruling overturned lower authority additions that had incorrectly classified the trust as purely charitable.
The Income Tax Appellate Tribunal (ITAT) deleted a ₹22.21 lakh penalty under Section 271AAB, ruling that the show-cause notice was defective for not specifying the charge. The Tribunal also held that mere stock valuation differences and an already offered cash investment do not qualify as “undisclosed income” under the section’s strict definition.
The Tribunal held that the AO’s mechanical application of Rule 8D without specific satisfaction was invalid. Since no new investments were made and own funds exceeded investments, disallowance was deleted.
The ITAT Delhi deleted the TDS demand under Section 194-I, confirming that the obligation to deduct tax on lease rent paid to NOIDA Authority applies prospectively from 16.02.2017. Following Supreme Court precedents, the Tribunal ruled the real estate firm was not an assessee-in-default for payments made in FY 2011-12.
Delhi HC ruled that date of electronic upload of DRP directions on ITBA is date of receipt under Section 144C(13). AO’s final order passed a day late was held invalid, reaffirming that physical delivery is irrelevant once uploaded.
The ITAT Kolkata restored Section 12A registration and Section 11 exemption to the Chamber of Commerce, holding that its objects and activities are charitable in nature, similar to the Indian Chamber of Commerce. The Tribunal applied the rule of consistency, noting the Chamber’s registration was already granted for subsequent assessment years.
The ITAT Kolkata ruled that no disallowance under Section 14A read with Rule 8D can be made if the taxpayer did not earn any exempt income during the relevant financial year. The Tribunal fully allowed the appeal, reiterating the established legal position against mechanical disallowance when there is no dividend or tax-free income.
The ITAT Delhi dismissed the Revenue’s appeal, confirming that the reassessment proceedings initiated in the name of the erstwhile amalgamating company were void ab initio. The Tribunal ruled that since the amalgamation was duly communicated to the Assessing Officer before the assessment, the notice issued to the non-existent entity was invalid in law.
