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Anonymous Donations to Sai Baba Sansthan Trust Not Taxable Under Section 115BBC: ITAT Mumbai

March 25, 2025 18 Views 0 comment Print

ITAT Mumbai held that Sai Baba Sansthan Trust being both charitable and religious trust falls within exceptions provided under section 115BBC(2) and hence anonymous donations received is not liable to be taxed under section 115BBC of the Income Tax Act.

Developer Eligible for Section 80-IA Deduction for Government Contracted Development Work

March 25, 2025 24 Views 0 comment Print

ITAT Mumbai held that developer is entitled for deduction under section 80-IA of the Income Tax Act for carrying out development work by entering into a contract with the Government. Accordingly, appeal allowed.

Non-issuance of Section 143(2) notice invalids Section 143(3) Scrutiny Assessment: ITAT Raipur

March 25, 2025 33 Views 0 comment Print

ITAT Raipur held that assessment framed by AO u/s. 143(3) r.w.s. 147 of the Income Tax Act without issuance of notice under section 143(2) of the Income Tax Act is invalid and cannot be sustained in the eyes of law.

Section Addition needs to be allocated between joint beneficial owners: ITAT Raipur

March 25, 2025 21 Views 0 comment Print

ITAT Raipur held that entire addition of transaction in the hands of assessee under section 69 of the Income Tax Act as unexplained investment not tenable since the same needs to be allocated between joint beneficial owners. Thus, matter restore back to file of AO.

Reassessment u/s. 147 based on change of opinion without any fresh material not sustainable

March 25, 2025 78 Views 0 comment Print

ITAT Delhi held that re-assessment proceedings under section 147 of the Income Tax Act initiated due to change of opinion without having any fresh material on record is liable to be quashed. Accordingly, appeal of revenue dismissed.

Penalty u/s. 271AA not leviable without specifying documents not furnished by assessee

March 25, 2025 111 Views 0 comment Print

ITAT Ahmedabad held that penalty u/s.271AA of the Income Tax Act cannot be levied without specifying the required documents failed to be maintained/furnished by the assessee. Thus, appeal of the revenue dismissed.

Revision u/s. 263 set aside as based on assumption and presumption: ITAT Jaipur

March 25, 2025 75 Views 0 comment Print

ITAT Jaipur held that invocation of revisionary proceedings u/s. 263 of the Income Tax Act not sustainable since AO duly verified investment and payment of ESI/PF.

Matter restored back as CIT(A) failed to consider additional evidences: ITAT Chennai

March 25, 2025 33 Views 0 comment Print

ITAT Chennai restored the matter back to the file of AO since CIT(A) failed to consider the additional evidence which was sought by AO. Accordingly, matter restored back to the files of AO for fresh adjudication.

Revisionary power u/s. 263 not sustainable as there is neither error of law nor of facts

March 25, 2025 39 Views 0 comment Print

ITAT Jaipur held that since there is neither error of law nor of facts, the twin condition as required to revise the assessment order is not met out and hence invocation of revisionary power under section 263 of the Income Tax Act is not sustainable in law.

ITAT Kolkata Rules on FTC Claim & Form 67 Filing Deadline

March 25, 2025 48 Views 0 comment Print

ITAT Kolkata ruled that filing Form 67 for Foreign Tax Credit (FTC) under DTAA is procedural, not mandatory. Read key takeaways from Timirbaran Mazumder vs. DCIT.

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