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.
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 […]
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.
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.
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.
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.
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 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.
The Mumbai ITAT upheld the deletion of a disallowance for bad debts, confirming that deductions under Sections 36(1)(vii) and 36(1)(viia) are independent. The ruling followed the Supreme Court’s precedent, allowing the entire bad debt written off since no double deduction was claimed.
Madras HC: Delayed self-assessment tax payment is not ‘wilful evasion’ under IT Act S. 276C(2) if the tax is paid before prosecution. Mens rea is mandatory.
