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General Modus Operandi Insufficient – Labour Expenses & Unsecured Loans Held Genuine

September 25, 2025 312 Views 0 comment Print

Tribunal rules that allegations based on generalized survey findings and third-party statements cannot sustain additions. Labour expenses and unsecured loans routed through banking channels were confirmed as genuine, with revenue appeals dismissed.

ITAT Indore Remands Case Over Ex-Parte Order Due to Short Notice

September 25, 2025 285 Views 0 comment Print

The ITAT Indore has remanded a tax case to the CIT(A), ruling that the short notice period given to the assessee violated natural justice and warrants a new hearing on the merits.

Plausible View Adopted by AO Cannot Be Revised – Pune ITAT on 263 Jurisdiction

September 25, 2025 477 Views 0 comment Print

The ITAT Pune partly quashed a PCIT’s revision order against Sharada Erectors Pvt. Ltd. It ruled that the AO’s plausible view on most issues, supported by enquiry, cannot be set aside.

54 or 54F? Large Land With Small House Still a Residential Property? Tribunal Says Re-Examine

September 25, 2025 909 Views 0 comment Print

The Tribunal ruled that the Assessing Officer failed to conduct a proper inquiry into whether a large plot of land with a small house constituted a residential house for the purpose of the exemption. The case has been remanded for fresh adjudication.

ITAT Pune Quashes Non-Speaking 144 Order: Assessee Can Prove Cash Deposits

September 25, 2025 780 Views 0 comment Print

Tribunal ruled that unexplained cash deposits of ₹13.46 lakh by a mobile phone trader require fresh examination. ITAT emphasized natural justice and allowed the assessee to submit audited accounts and sales evidence.

Referral Commissions Not Insurance Commission: ITAT Deletes 40(a)(ia) Addition

September 25, 2025 726 Views 0 comment Print

ITAT Mumbai ruled that referral payments made by an individual insurance agent to unlicensed persons do not fall under TDS provisions of Section 194D. Arbitrary disallowance of such commissions was deleted.

PCIT Cannot invoke Section 263 Where AO Conducted Full Loan Verification: ITAT Nagpur

September 24, 2025 315 Views 0 comment Print

The ITAT Nagpur has set aside a revision order by the PCIT against Nirmalkumar Agrawal (HUF). The tribunal ruled that the PCIT could not invoke Section 263 to revise an assessment where the AO had already conducted a thorough enquiry and formed a plausible view, even if a different view was possible.

ITAT Cochin Deletes ₹2.2 Lakh Penalty for Bona Fide Gratuity Claim

September 24, 2025 795 Views 0 comment Print

Explore the ITAT Cochin’s decision in the Chundayil Kalam Girijadevi vs. ITO case, which sets a precedent that a tax penalty cannot be levied for an honest mistake in claiming a higher gratuity exemption.

Pre-Production FD Interest Not Taxable: ITAT Deletes ₹14.45 Lakh Addition

September 24, 2025 477 Views 0 comment Print

ITAT Panaji rules in favor of Shirguppi Sugar Works, deleting an income tax addition. The Tribunal held that interest earned on FDs, placed to secure bank guarantees for importing capital goods, is directly linked to the project and can be set off against capital costs, not taxed as “income from other sources.

Loan routed through banking channels & repaid with interest & TDS – Section 69A Addition deleted

September 24, 2025 468 Views 0 comment Print

ITAT Ahmedabad confirmed that the unsecured loan of ₹80.94 lakh given by Mahadev Shipbreakers to KCPL was genuine, routed through banking channels, and repaid with interest and TDS. The Tribunal dismissed Revenue’s appeal, noting AO’s allegations were generalized and unsubstantiated.

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