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Operating Lease, Not Financial Lease – Aircraft Lease Rentals Not Taxable in India

October 3, 2025 1428 Views 0 comment Print

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).

Form 26AS Not Final – ITAT Grants TDS Credit to Law Firm despite Deductor’s Default

October 3, 2025 1659 Views 0 comment Print

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.

High Interest Paid to Lenders a Commercial Decision, Not Ground for Section 263 Action

October 3, 2025 324 Views 0 comment Print

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.

TDS Credit Cannot Be Denied for PAN Mismatch due to deductor error: ITAT Mumbai

October 3, 2025 1092 Views 0 comment Print

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.

ITAT Delhi Deletes Capitation Fee Additions Against Educational Trust

October 3, 2025 438 Views 0 comment Print

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.

ITAT Mumbai Deletes ₹4.52 Cr TDS Disallowance on Foreign Commissions

October 3, 2025 819 Views 0 comment Print

ITAT quashes Rs..4.52 Cr disallowance; rules foreign agent commission and warehousing charges aren’t taxable FTS in India, thus no TDS under Section 195 required.

ITAT Mumbai Upholds 263 Revision for allowing Tax Deductions without Proper Inquiry

October 3, 2025 342 Views 0 comment Print

Anuh Pharma Ltd. Vs PCIT (ITAT Mumbai) CSR Deduction u/s 80G Disputed -Cooling Tower is Not Automatically Power – ITAT Mumbai Endorses 263 Revision-Lack of Proper Inquiry Fatal – ITAT Confirms PCIT Action Against AO’s Order; ITAT Mumbai upheld revisionary order u/s 263 against assessee, holding that AO failed to conduct proper inquiry into two […]

ITAT Delhi Quashes Reassessment Where No Addition Made on Recorded Reasons

October 3, 2025 1368 Views 0 comment Print

ITAT Delhi quashes reassessment, deleting Rs. 85 lakh Sec 69C addition. AO cannot travel beyond recorded reasons if the original reason for reopening is not sustained.

Joint Name in Sale Deed Irrelevant Without Contribution: ITAT Mumbai Deletes Rs. 1.76 Cr Addition

October 3, 2025 2097 Views 0 comment Print

Mumbai ITAT quashes ₹1.76 Cr unexplained investment tax on NRI homemaker, ruling joint registration doesn’t justify addition when funds came solely from husband.

Rs. 3.50 Cr Bogus Loan Addition: ITAT Delhi Quashes Reassessment Over Wrong PAN & Mechanical Approval

October 3, 2025 636 Views 0 comment Print

ITAT Delhi held that reopening under Section 148 on an incorrect PAN and with mechanical sanction by PCIT is invalid, quashing the Rs. 3.50 crore addition under Section 68 and setting aside reassessment proceedings.

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