The ITAT Delhi sets aside over ₹1112 Cr in tax additions in Enormous Nivesh Pvt. Ltd. Vs ACIT, ruling that Section 56(2)(viia) applies only to the ‘transfer’ of shares, not the ‘fresh allotment’ (issue) of shares, which is governed by Section 56(2)(viib).
ITAT Delhi sets aside reassessment, ruling the PCIT’s ritualistic S. 151 approval for S. 148 notice invalidates the proceedings; “mechanical approval is fatal.”
ITAT Delhi deletes ₹11.54 crore addition on loan transactions, ruling the S. 147 reassessment invalid and confirming “suspicion is not proof” for genuine loans.
Delhi ITAT rules reassessment valid due to Assessee’s HC undertaking, but deletes Rs. 8.31 Cr addition, finding Revenue failed to prove raw material purchases were bogus.
ITAT Delhi dismisses Revenue appeal, holding an investor’s LTCG from stock exchange transactions as genuine, reaffirming “suspicion is not substitute for proof.”
The ITAT Delhi bench, in a batch of 75 appeals led by Kosi Aviation Leasing Ltd., held that lease rentals received by Irish aircraft lessors from Indian airlines constitute profits from the operation of aircraft (Article 8 of the India-Ireland DTAA), not interest income (Article 11).
ITAT Mumbai rules Section 205 protects taxpayers. TDS credit cannot be denied due to Form 26AS mismatch caused by deductor’s default or non-deposit.
ITAT quashes PCIT’s Sec 263 order; rules AO made detailed inquiry into unsecured loans, rejecting PCIT’s view that inadequacy of inquiry justifies revision.
ITAT Mumbai holds TDS credit follows income, not PAN. Credit cannot be denied due to Form 26AS mismatch if income is taxed in assessee’s hands.
The Income Tax Appellate Tribunal (ITAT), Delhi, ruled against the revenue’s additions of unaccounted capitation fees and cash loan interest under Sections 69A and 69C against the Saraswati Ammal Educational & Charitable Trust.
