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Rental is House Property, Facilities are Business – ITAT Clarifies Income Head

September 3, 2025 1182 Views 0 comment Print

The ITAT Mumbai has ruled on the distinction between rental income and income from providing facilities. The Tribunal classified rental as “House Property” income and facility charges as “Business Income,” remanding several other issues.

Co-Owner Relief- Indexed Cost & DVO Value Must Be Considered- Tribunal Remands 50C Addition

September 3, 2025 417 Views 0 comment Print

The ITAT Ahmedabad condoned a 1890-day delay and remanded a case to the AO, directing the recalculation of capital gains for a co-owner by considering the DVO’s valuation and the indexed cost of acquisition.

Finance Act 2022 Amendment to Section 11(3)(c) removing extension is Prospective

September 3, 2025 417 Views 0 comment Print

The ITAT Ahmedabad has ruled that the Finance Act 2022 amendment, which removed the one-year extension for trust income utilization, applies prospectively, not retrospectively.

ITAT Bangalore (Third Member): No Valid Search on Blueline – 153A Assessments Quashed

September 3, 2025 555 Views 0 comment Print

ITAT Bangalore quashes assessments against Blueline Foods, ruling that a survey is not a valid search and that a panchanama in the company’s name is required.

Contingent Sale Consideration & Escrow Arrangement – ITAT Ahmedabad Remands Asessee’s Claim of Deduction u/s 54B

September 3, 2025 243 Views 0 comment Print

The ITAT Ahmedabad has remanded a case to the AO to re-examine a taxpayer’s claim for a Section 54B deduction on capital gains from a contingent sale, noting that a critical escrow arrangement was not considered.

Ex-parte Assessment & Rule 46A Violation – ITAT Delhi Remands Charitable Society Case Back to AO

September 3, 2025 411 Views 0 comment Print

The ITAT Delhi has remanded a charitable society’s case to the AO after finding that the CIT(A) violated Rule 46A by not allowing the AO to examine additional evidence.

EPFO Dues vs. Secured Creditors – SC Remands Priority Dispute for Fresh Hearing

September 3, 2025 540 Views 0 comment Print

The Supreme Court has remanded a case to the Karnataka High Court to re-examine the priority dispute between EPFO dues and secured creditors under the SARFAESI Act. The ruling mandates a new hearing to balance these competing claims.

Auction Sale Stands: SC Confirms Appellant’s Title but Orders Additional Compensation

September 3, 2025 810 Views 0 comment Print

Supreme Court confirmed validity of a two-decade-old auction sale for an agricultural plot but mandated buyer to pay additional compensation and get land surveyed to ensure sale’s finality and fairness.

Contract Clause Not Enough to Deny Pendente Lite Interest: SC

September 3, 2025 408 Views 0 comment Print

Supreme Court dismisses ONGC’s appeal, affirming an arbitral award for a contractor. The Court clarifies that a general ‘no interest’ clause is insufficient to bar an arbitrator from awarding pendente lite interest.

Current account transactions & commercial advances are outside Section 2(22)(e) purview

September 3, 2025 636 Views 0 comment Print

The ITAT Ahmedabad bench ruled that loans from current accounts for business purposes cannot be classified as deemed dividends under Section 2(22)(e) of the Income Tax Act. Learn why this decision matters for inter-company financial transactions.

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