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AO Cannot Override TPO: ITAT Mumbai Allows Full 80IA Deduction for Captive Power Sales

September 28, 2025 750 Views 0 comment Print

ITAT Mumbai ruled AO cannot override TPO’s ALP for SDTs, allowing full Section 80IA deduction for captive power sales. Confirms Vireet on 14A/115JB.

ITAT Mumbai Allows Advertisement Expenses as Revenue Deduction – Deletes ₹2.44 Cr Addition

September 28, 2025 615 Views 0 comment Print

Mumbai ITAT allowed Mahindra & Mahindra’s appeal, holding that advertisement and sales promotion expenses of ₹3.26 Cr for ‘Mahindra Parts Plazas’—which were owned and operated by distributors—were revenue in nature and deductible under Section 37(1) of Income Tax Act, rejecting AO’s capitalization.

LTCG Rate of 20% u/s 112 Applies on Depreciable Asset Gains: ITAT Mumbai

September 28, 2025 1428 Views 0 comment Print

The court held that objections regarding fraudulent transactions, round tripping, and unstamped documents were triable issues for the arbitrator, not the referral court under Section 11 of the Arbitration and Conciliation Act, 1996.

Identity, PAN, ITR & Repayment Proved – ITAT Rules in Favour of Assessee on Unsecured Loans

September 28, 2025 768 Views 0 comment Print

Mumbai ITAT deleted Rs.8.43 Cr addition u/s68. Assessee proved lenders’ identity, PAN, and bank transfers. Suspicion over creditworthiness cannot replace evidence.

ITAT Restricts Tax on Bank Deposits to Peak Credit – Full Cash Not Taxable

September 28, 2025 975 Views 0 comment Print

Bangalore ITAT restricted the s.69A unexplained cash addition for non-filer Umesh Babu to the peak credit of Rs.12.25 lakhs, rejecting the Rs.ケ57.10 lakhs addition.

ITAT Sets Aside Ex-Parte Income Tax Order for Failure to Consider Submissions

September 28, 2025 864 Views 0 comment Print

The Income Tax Appellate Tribunal set aside the NFAC’s order against Puvvada Veera Kumar, finding that the CIT(A) failed to consider detailed written submissions uploaded to the portal, necessitating a de novo appeal hearing.

AO’s 6% Profit Estimation Upheld -Difference of Opinion on Estimation Not Enough

September 28, 2025 474 Views 0 comment Print

Bangalore ITAT set aside PCIT’s s.263 order, ruling that difference of opinion on profit estimation rate (6% vs 8%) for a contractor isn’t grounds for revision.

Liquor Licence in Father’s Name, Profits in Son’s Books: ITAT Upholds Taxability

September 28, 2025 615 Views 0 comment Print

ITAT Bangalore ruled that income belongs to the person who actually earned it. Purchases and sales recorded by son, with audited accounts, barred addition in father’s hands.

Multiple Notices in Short Span + Covid Hospitalisation: ITAT Deletes section 272A(1)(d) Penalty

September 28, 2025 978 Views 0 comment Print

Mumbai ITAT deleted Rs.50,000 penalty under s.272A(1)(d), ruling COVID-19 hospitalization was a reasonable cause for non-compliance to multiple notices issued in quick succession.

ITAT Jaipur Denies Charitable Exemption Over Misuse of Cloth Merchant Trust Funds

September 28, 2025 504 Views 0 comment Print

The ITAT Jaipur dismissed the appeals of Whole Sale Cloth Merchant Association, upholding the reassessments and denial of Section 11/12 exemption. The Tribunal confirmed that the trust’s failure to file returns

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