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ITAT Mumbai Allows Condonation for Rotary Trust’s 12A Re-Registration Error

September 25, 2025 1224 Views 0 comment Print

ITAT Mumbai grants relief to a Rotary Trust, ruling a bona fide error in filing Form 80G instead of 12A justifies condonation of delay for re-registration and Section 11 exemption.

Finance Lease Principal is Capital Recovery – Not Taxable Income: ITAT Mumbai

September 25, 2025 513 Views 0 comment Print

ITAT Mumbai rules that the principal component of a finance lease is a capital recovery, not taxable income. Surrendered depreciation requires exclusion of principal to avoid double taxation.

Kerala HC Quashes 154 Rectification for Ignoring Timely Reply

September 25, 2025 429 Views 0 comment Print

Kerala High Court quashes a Section 154 rectification order and demand against Kerala State Welfare Corp. for violating natural justice by ignoring the assessee’s timely filed objection.

Kerala HC Restores Penalty Appeal When Related Assessment Appeal Pending

September 25, 2025 351 Views 0 comment Print

Kerala High Court restores penalty appeal after condoning 525-day delay, citing ITAT’s relief for the linked assessment appeal, ensuring merits-based hearing when the core tax demand is disputed.

No Capital Gains on Mere Joint Development Agreement Without Possession: ITAT Hyderabad

September 25, 2025 2715 Views 0 comment Print

ITAT Hyderabad ruled that a Joint Development Agreement (JDA) doesn’t trigger Capital Gains Tax u/s 2(47)(v) when possession isn’t legally delivered, relying on SC/HC precedent.

ITAT Rejects Arbitrary Transfer Pricing Adjustments on Management Services

September 25, 2025 507 Views 0 comment Print

ITAT Hyderabad deletes a ₹10.10 Cr TP adjustment on AE consultancy fees to Virinchi Ltd, holding TPO cannot question commercial expediency of services when ALP is proven.

HC Permits Delayed Submission of Tax Stay Petition Due to Technical Issues

September 25, 2025 507 Views 0 comment Print

Kerala High Court held that taxpayers unable to file stay petitions online due to lack of facility must be given an opportunity to do so, with the petition considered within three months and proceedings paused in the meantime.

ITAT Mumbai Sets Aside Ex-Parte Penalty, Orders Fresh Hearing of 271(1)(b) Appeal

September 25, 2025 435 Views 0 comment Print

ITAT Mumbai set aside the ex parte dismissal of a Trust’s Section 271(1)(b) penalty appeal. Tribunal mandated a fresh hearing, citing pending Section 144 assessment and natural justice.

Charter Hire Charges: Royalty or Section 44BB Income? Mumbai Tribunal Orders DRP to Reconsider

September 25, 2025 444 Views 0 comment Print

ITAT Mumbai set aside DRP directions for Celestial Vision Ltd, ruling the DRP mixed up facts, failed to address 44BB applicability, and mistakenly discussed Section 147 reopening procedures.

ITAT Mumbai Remands ₹5.9 Crore Profit Addition Case, Orders ₹25,000 Cost Payment

September 25, 2025 396 Views 0 comment Print

ITAT Mumbai set aside ex-parte assessment and appellate orders against the assessee for AY 2022-23. The matter is restored to the Assessing Officer for fresh adjudication, with the assessee directed to pay ₹25,000 to the PM Relief Fund.

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