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No Addition u/s 153A without incriminating material found during search – Statements of third parties not sufficient: ITAT Delhi

April 20, 2025 1860 Views 0 comment Print

Gulshan Investment Pvt. Ltd. Vs JCIT (OSD) (ITAT Delhi) No Addition u/s 153A without incriminating material found during search – Statements of third parties not sufficient:  ITAT Delhi Gulshan Investment Pvt. Ltd & others Vs JCIT -ITA No.3872/Del/2024 dt 16.4.25 The core dispute involves additions made by the AO u/s 153A following a search & […]

Quantifying Escaped Income Mandatory at Reason-Recording Stage: ITAT Delhi

April 20, 2025 3954 Views 0 comment Print

Delhi ITAT quashes reassessment in Vijender Nath Gupta case, citing AO’s failure to properly quantify escaped income during reopening.

Planning, HR, Legal & IT Support Not Taxable as FTS Under India-USA DTAA, Citing ‘Make Available’ Test

April 20, 2025 1275 Views 0 comment Print

ITAT Delhi rules Crocs Inc.’s service income not taxable in India under DTAA, as services did not “make available” technical knowledge to Crocs India.

Section 153D Approval Must Be Year-Specific, Independent & Non-Mechanical: Delhi ITAT

April 19, 2025 1773 Views 0 comment Print

Delhi ITAT: Section 153D approval requires specific application of mind per assessment year, not blanket or mechanical. Assessment quashed.

ITAT Delhi allows lease equalization and business loss write-offs

April 19, 2025 1830 Views 0 comment Print

ITAT Delhi allows Birlasoft’s claims on lease equalization and business loss write-offs, rejecting tax authority’s disallowances for AY 2014-15.

Mere book entries & AIR data insufficient for additions: ITAT Mumbai

April 17, 2025 1320 Views 0 comment Print

ITAT Mumbai rules in Farhat Yusuf Shaikh case—book entries and AIR data alone not enough to justify additions under Sections 68 and 69 of the IT Act.

Landmark SC Ruling on Property Transaction in Cash: Did It Quote Wrong Section?

April 17, 2025 13560 Views 2 comments Print

Supreme Court ruling on cash property deal cites wrong tax law (269ST instead of 269SS), but mandates reporting of large cash transactions to IT dept.

Section 263 Cannot Be Invoked Solely for Lack of DVO Report: Karnataka HC

April 15, 2025 615 Views 0 comment Print

Karnataka High Court rules Section 263 cannot be invoked solely due to the absence of a DVO report, if best judgment assessment was an option.

Audit Fee Allowable Only When Liability Crystallizes, Not on Estimates or Historical Basis

April 14, 2025 8175 Views 0 comment Print

ITAT Lucknow rules audit fee provisions are not allowable unless liability accrues; EPF disallowance sent back for verification.

One-Time Membership Fees as Capital Receipts for Coop Bank: ITAT Pune

April 14, 2025 687 Views 0 comment Print

ITAT Pune rules one-time membership and share fees as capital receipts for Veershaiv Cooperative Bank, reversing lower authority’s revenue classification.

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