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

October 8, 2025 735 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 1026 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 378 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 987 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 381 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.

Karnataka HC Sets Aside Faceless Ex-Parte Assessment for Non-Service of 142(1) Notice

October 7, 2025 1092 Views 0 comment Print

Karnataka HC quashed a faceless ex-parte tax assessment and penalties, ruling that statutory notice sent to an inactive email ID invalidates the entire assessment process.

Tender Clause Favouring Local Suppliers Struck Down – SC Upholds Level Playing Field

October 7, 2025 834 Views 0 comment Print

SC quashed a Chhattisgarh tender clause requiring ₹6 Cr local supply experience, deeming it arbitrary and violative of Articles 14 and 19(1)(g), upholding fair competition.

SC Upholds Judicial Restraint: No Extra Directions Beyond Writ Scope

October 7, 2025 861 Views 0 comment Print

SC expunges Kerala HC’s surprise directions for fee refixation and vigilance inquiry, affirming that a litigant cannot be placed in a worse position in their own writ petition.

Reassessment u/s 147 held invalid when based on search material from third party – Proceedings ought to be u/s 153C

October 7, 2025 1464 Views 0 comment Print

The Karnataka High Court ruled that when reassessment is based solely on material seized from a third-party search, the Income Tax Department must follow the specific procedure under Section 153C of the IT Act, not the general Section 147.

Share Sale Proceeds Not Unexplained – Karnataka HC Upholds ITAT Order Deleting ₹7 Cr Addition u/s 68

October 7, 2025 1029 Views 0 comment Print

Karnataka HC upheld the deletion of a ₹7 Cr addition under Section 68, ruling that ITAT’s findings on the creditworthiness and genuineness of share purchasers were factual and not perverse.

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