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Share Premium from Listed Parent Not Taxable under Section 56(2)(viib)

August 20, 2025 612 Views 0 comment Print

ITAT rules that a company’s share premium received from a publicly listed parent company is not taxable under Section 56(2)(viib) and cannot be taxed as income.

ITAT Mumbai Deletes 12.5% Bogus Purchase Addition Where Goods Were Returned

August 20, 2025 315 Views 0 comment Print

Mumbai ITAT rules that tax additions for bogus purchases are not valid if the goods were returned and the transactions were fully reversed in the company’s books.

Bogus Purchase Addition on Diamonds Restricted to Profit Element by ITAT Mumbai

August 20, 2025 534 Views 0 comment Print

ITAT Mumbai deletes 100% bogus purchase addition on diamonds, ruling that only the profit element is taxable as the assessee had already offered presumptive income.

Charity in Name, Commerce in Practice: ITAT Rejects 80G Plea of Hospital Trust

August 20, 2025 408 Views 0 comment Print

The Chandigarh ITAT has dismissed a trust’s appeal for 80G approval, ruling that its hospital operates commercially and has no verifiable charitable activities.

Listed Company Not Required to Prove Source of Source under Section 68

August 20, 2025 699 Views 0 comment Print

ITAT Chandigarh deletes a Section 68 addition on share capital, ruling that a listed company is not required to prove a source of source for investment.

Procedural Lapse Cannot Defeat Justice – Natural Justice Prevails over Technical Default

August 19, 2025 918 Views 0 comment Print

ITAT Rajkot allows an appeal despite manual filing and delay, prioritizing a fair hearing over procedural errors and remanding the case for re-adjudication.

Wrong clause selection in 12AB registration application – Not Fatal, Matter Remanded

August 19, 2025 1281 Views 0 comment Print

The ITAT ruled that a trust’s tax exemption application cannot be rejected for selecting the wrong clause. The case was remanded for a decision on merits.

CIT(A) Cannot Remand 147/144B Reassessments – Speaking Order Required

August 19, 2025 1284 Views 0 comment Print

ITAT Pune rules that a CIT(A) cannot remand assessments under Section 147. This power to set aside and remand is restricted only to Section 144 assessments.

Tax Is on Real Income, Not Gross Turnover – ITAT Pune on Charitable Club Taxation

August 19, 2025 756 Views 0 comment Print

The ITAT in Vir Savarkar Swimmers Club vs. ITO case ruled that even without a tax exemption, only a society’s net income is taxable, not its gross receipts.

CIT(A) Cannot Dismiss Appeal for Non-Prosecution Without Speaking Order

August 19, 2025 945 Views 0 comment Print

The ITAT in Ganesh Agro Steel Industries vs ACIT ruled that an appeal cannot be dismissed for non-prosecution without a speaking order on its merits.

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