ITAT held that agricultural land within the prescribed municipal distance is a capital asset and restricted the on-money addition to the amount supported by evidence.
ITAT held that Section 87A rebate cannot be denied on tax payable under Section 111A where the assessee qualifies under the prescribed income limit and follows settled Tribunal rulings.
ITAT Delhi held that applying the gross profit rate of a different assessment year was excessive. It reduced the addition to 1% GP while holding that purchases still required proof of genuineness.
Receipts earned by a German resident individual from rendering managerial, consultancy and business development services outside India, based on personal expertise and independent professional skill, constituted independent professional services under Article 14 of the India–Germany DTAA and were not taxable in India in the absence of a fixed base or the prescribed period of stay in India
The Tribunal ruled that proceedings initiated under the old Section 153C framework after the Finance Act, 2021 amendments were legally unsustainable. It set aside all assessment orders for want of jurisdiction.
The Tribunal restricted the Section 14A disallowance to exempt income and deleted additions relating to bad debts, tea and coffee expenses, and hotel accommodation after finding the statutory requirements for disallowance were not met.
The ITAT held that the CPC could not make adjustments under Section 143(1) without first issuing the mandatory intimation to the assessee. The Revenue’s appeals were dismissed as the statutory procedure had not been followed.
The ITAT Mumbai held that Fees for Technical Services were taxable at 10% under section 115A(1)(b) since the RBI’s automatic approval mechanism satisfied the statutory requirements. The Tribunal ruled that the 15% DTAA rate could not be applied where domestic law provided a more beneficial rate.
The ITAT Delhi held that the CIT(A) must pass a speaking order under Section 250(6) and cannot dismiss an appeal solely for non-compliance. It remanded the matter for fresh adjudication after granting proper opportunity to the assessee.
The ITAT Delhi held that the Assessing Officer could not make a disallowance under Section 14A when the case was selected only for limited scrutiny regarding deduction under Section 57. As no approval for complete scrutiny was obtained, the addition was deleted.
