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Once Books Rejected, Profit Estimation Must Rely on Industry Data: ITAT Mumbai

September 11, 2025 627 Views 0 comment Print

ITAT Mumbai has remanded a case back to AO, ruling that CIT(A) erred in accepting a 5% profit margin without supporting evidence or comparable cases.

Exemption u/s 10(23C)(vi) Cannot Be Denied for Delay in Filing Audit Report: ITAT Kolkata

September 11, 2025 447 Views 0 comment Print

Kolkata ITAT ruled that a late-filed audit report is a procedural lapse, not a reason to deny an educational society’s tax exemption under Section 10(23C).

Accommodation Entry Case: ITAT Cuts Commission Rate to ₹8,000 per Cr, Upholds Penalty

September 11, 2025 591 Views 0 comment Print

The ITAT Delhi has partially allowed an appeal by an accommodation entry provider, reducing the assessed commission rate and upholding a penalty for a delayed tax audit report.

CBDT Instruction on Scrutiny Format Mandatory – Tribunal Cancels 144 Assessment

September 11, 2025 1119 Views 0 comment Print

ITAT Kolkata cancels a Section 144 assessment, ruling that the foundational Section 143(2) notice was invalid for failing to comply with mandatory CBDT instructions on scrutiny formats and jurisdictional limits.

Business Trading in Shares Cannot Be Taxed u/s 68 – Penny Stock Allegation Fails

September 11, 2025 483 Views 0 comment Print

The ITAT Mumbai upheld deletions of additions made under Section 68, ruling that share trading losses and profits, declared as business income and supported by documentation, could not be treated as unexplained income based solely on penny stock allegations.

ITAT Deletes Demonetization Addition – Cash Sales Backed by VAT Accepted

September 11, 2025 309 Views 0 comment Print

ITAT Delhi rules against double taxation, deleting a Rs.50.18 lakh addition after finding that cash deposits were sourced from sales already accepted and taxed.

Cherry Picking of Comparables Not Permissible – ITAT Clarifies TP Approach

September 11, 2025 1053 Views 0 comment Print

ITAT Bangalore rules against using high-turnover IT giants as comparables for smaller captive service providers in transfer pricing, citing scale and brand value differences.

Revision Invalid Where New Issues Added Beyond 263 Notice: ITAT Mumbai

September 11, 2025 369 Views 0 comment Print

ITAT Mumbai ruling clarifies PCIT’s Section 263 powers, quashing new issues and CSR/80G claims, but remitting TDS matters for further AO verification.

Unsigned Agreement to Sell- Not Valid Evidence for Sec. 69/69B- Cannot Justify Addition

September 11, 2025 804 Views 0 comment Print

ITAT Chandigarh deletes an addition, ruling that an unsigned and unregistered agreement to sell is not valid evidence for making an addition under Section 69 or 69B.

Double Disallowance Not Permissible: CSR Contribution Qualifies for 80G Deduction

September 11, 2025 684 Views 0 comment Print

ITAT Bangalore allows a company to claim a deduction under Section 80G for a CSR donation, ruling that disallowance under Section 37 does not bar benefits under Chapter VIA.

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