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Sale of Plots May Be Business Income, Not Capital Gains- AO to Verify Whether Land is Stock-in-Trade or Capital Asset: Ahmedabad ITAT Restores Matter

October 8, 2025 840 Views 0 comment Print

Ahmedabad ITAT restores Kajal Co-op Society case to AO. AO must verify if plots are stock-in-trade or capital assets before applying Section 50C and adding ₹1.1 Cr.

Cash Deposits from Business Debtors Explained-Addition u/s 68 Deleted by ITAT Ahmedabad

October 8, 2025 402 Views 0 comment Print

ITAT Ahmedabad deletes ₹25.66 Lakh addition u/s 68, holding cash deposits explained as regular collections from trade debtors cannot be treated as unexplained credits when AO presents no contrary evidence.

ITAT Ahmedabad: 270A Penalty Proceedings Set Aside as Quantum Appeal Restored for Fresh Adjudication

October 8, 2025 636 Views 0 comment Print

Ahmedabad ITAT set aside a ₹13.86 lakh penalty u/s 270A after the quantum appeal was restored to the CIT(A) for a fresh decision, citing the consequential nature of penalty.

Assessment Quashed: ITAT Finds Notice u/s 143(2) by Non-Jurisdictional AO After Transfer u/s 127 Invalid

October 8, 2025 747 Views 0 comment Print

ITAT Chennai quashes assessment because the notice u/s 143(2) was issued by a non-jurisdictional AO after jurisdiction transfer u/s 127 was effective. Jurisdictional error is fatal; entire assessment declared void ab initio.

Only real income taxable- ITAT Delhi deletes ₹52.65 Cr notional interest addition & allows inventory loss from theft/flood

October 8, 2025 699 Views 0 comment Print

ITAT Delhi deletes Rs. 52.65 Cr notional interest addition, affirming only real income is taxable. It allows Rs. 20.18 Cr theft loss and Rs. 12.09 Cr flood/expiry loss on unsaleable inventory.

Extrapolation of Suppressed Profit Beyond Search Date Without Incriminating Material Deemed Invalid: ITAT Delhi

October 8, 2025 606 Views 0 comment Print

Delhi ITAT ruled that a Rs. 3.74 Cr tax addition on suppressed profit was illegal. Extrapolating income beyond the search date without evidence is impermissible.

Wrong clause in Form 10AB not fatal – ITAT Pune remands matter for fresh consideration of 12AB & 80G registration

October 8, 2025 921 Views 0 comment Print

Pune ITAT set aside a CIT(E) order, ruling that a wrong clause in Form 10AB isn’t fatal. Directs CIT(E) to allow rectification & reconsider 12AB registration/80G approval.

Sports Club Scores Again- Receipts Within 20% Safe Harbour- CIT(E) Can’t Rewrite AO’s View Gymkhana’s 263 Revision Set Aside- Tribunal Rebukes CIT(E)’s Overreach

October 8, 2025 357 Views 0 comment Print

Pune ITAT set aside a CIT(E) revision against PYC Gymkhana, ruling the AO’s view was plausible since business receipts were below the 20% limit in Section 2(15) Proviso (ii).

“Make-Available” Clause Saves Pratt & Whitney – Wins ₹242 Cr FTS Dispute- Aircraft Engine Repair Abroad Not FTS – Tribunal Holds No Transfer of Know-How to Indian Clients

October 8, 2025 717 Views 0 comment Print

Delhi ITAT ruled that Pratt & Whitney’s overseas aircraft engine repair is not Fees for Technical Services (FTS) as it fails the DTAA’s “make-available” test. The ₹242 Cr demand was deleted.

ITAT Pune Quashes PCIT’s 263 Order Passed in Haste – “Hear the Other Side” Rule Violated, Says Tribunal

October 8, 2025 342 Views 0 comment Print

Pune ITAT set aside a PCIT’s Section 263 revisionary order against Ravindra Chavan, ruling the “Hear the Other Side” rule was breached by relying on un-confronted material.

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