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ITAT Delhi Quashes Section 68 Addition Due to Lack of Cross-Examination

December 2, 2025 933 Views 0 comment Print

Tribunal rules that documented proof of shareholder identity and creditworthiness outweigh unverified third-party statements for income-tax purposes.

ITAT Quashes Reassessment for Penny Stock Loss Lacking Direct Nexus

November 21, 2025 3411 Views 0 comment Print

ITAT Ahmedabad held that reassessment under Section 147 cannot be based on vague or unverified information; specific transactions must be identified to justify additions.

Interest on enhanced compensation taxable as Other Income post Section 56(2)(viii) amendment

November 21, 2025 894 Views 0 comment Print

ITAT Chandigarh ruled that interest received under Section 28 of Land Acquisition Act on enhanced compensation is taxable under ‘Income from Other Sources’ per Sections 56(2)(viii) and 145B(1). The case clarifies post-amendment tax treatment of such interest.

ITAT Allows leave encashment benefit u/s 10(10A) for service with Govt undertaking prior to restructuring

November 20, 2025 2412 Views 0 comment Print

Chander Shekher Saini Vs ITO (ITAT Chandigarh) Facts: The assessee, Shri Chander Shekher Saini, is a retired employee who served initially with the Punjab State Electricity Board (PSEB) and, pursuant to restructuring, with Punjab State Power Corporation Limited (PSPCL), a company wholly owned by the Government of Punjab. It is not in dispute that the […]

Section 69 addition basis WhatsApp chats untenable sans source device/Evidence Act certificate: ITAT Mumbai

November 17, 2025 4092 Views 0 comment Print

The Tribunal held that unverified WhatsApp chats without Section 65B certification cannot justify additions under Section 69A. Key takeaway: digital messages must be authenticated and corroborated before being used against taxpayers.

Turnover Mismatch Fatal: ITAT Orders Removal of Large Comparables in TP Analysis

November 16, 2025 807 Views 0 comment Print

Tribunal ruled that massive companies like Infosys and TCS cannot be used as comparables when the assessee’s turnover is small, holding that size materially affects profitability. It directed exclusion of such entities and recalculation of margins.

Singapore entity not conduit, satisfies PPT test; Grants LTCG exemption: ITAT Mumbai

November 11, 2025 828 Views 0 comment Print

Tribunal held that tax authorities erred in invoking Article 24A to deny capital gains exemption under Article 13(4A) without first satisfying preconditions of economic substance. The decision underscores that anti-abuse provisions cannot override bona fide investments made before 2017.

Capital Gains on Development Rights Taxable to Members, Not Society: ITAT Mumbai

November 9, 2025 1110 Views 0 comment Print

ITAT Mumbai held that consideration from a redevelopment agreement is taxable in hands of individual members, not co-operative housing society. Tribunal upheld CIT(A)’s deletion of ₹4.97 crore addition, confirming that society acted merely as a representative.

ITAT Mumbai Rejects Revenue’s Re-Characterisation of Netflix India; Deletes ₹445-Crore TP Adjustment

November 6, 2025 933 Views 0 comment Print

Tribunal held that Netflix India is a limited-risk distributor providing access support services, not a content or technology entrepreneur. Since no copyright or technical licence existed, the ₹445-crore royalty-based transfer pricing adjustment was deleted.

ITAT Delhi Rejects Segmentation of Trading and Service Activities in Transfer Pricing Case

October 29, 2025 693 Views 0 comment Print

ITAT rules LRD trading and after-sales services are functionally inseparable for TP. Mechanical segregation rejected; TNMM must be applied at the entity level on an aggregated basis.

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