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Royalty on Logo Allowed; Disallowance Without Examining Business Purpose Invalid: ITAT Delhi

March 28, 2026 309 Views 0 comment Print

The Tribunal allowed deduction of royalty paid for use of a logo, noting that no specific defect was found in the supporting evidence. It held that the expenditure could not be disallowed merely on grounds of justification without examining its business purpose.

ITAT Surat Deleted Interest Disallowance as Loans Given from Interest-Free Funds

March 28, 2026 438 Views 0 comment Print

The Tribunal held that no disallowance under section 36(1)(iii) can be made where loans are advanced from interest-free funds. It observed that availability of own funds and recovery during the year supported the assessee’s claim.

SROs Qualify as Charitable Entities under General Public Utility: Section 2(15) – ITAT Delhi

March 28, 2026 285 Views 0 comment Print

When an entity served both its members and the public, the dominant object test applies. If the regulatory functions lead to borrower protection and financial stability for low-income groups, the GPU status was maintainable.

GST Not Income Under Section 44B; Statutory Levy Excluded from Presumptive Taxation

March 28, 2026 744 Views 0 comment Print

The Tribunal held that GST collected is not part of income for presumptive taxation under section 44B. It ruled that GST is a statutory levy and cannot be treated as revenue.

Section 68 Addition Deleted as Identity & Creditworthiness of Investors Proved

March 28, 2026 594 Views 0 comment Print

ITAT held that share capital addition cannot be sustained where identity, genuineness, and creditworthiness of investors are supported by documents. The Tribunal found no defect in CIT(A)’s order deleting most of the addition.

Section 54 Exemption Allowed as Possession Taken Despite Unregistered Agreement

March 28, 2026 933 Views 0 comment Print

The Tribunal ruled that an unregistered agreement does not invalidate exemption if possession is taken and payment is made. The term purchase under Section 54 was interpreted broadly.

ITAT Sets Aside 30% Tax on AOP Income as Income was Below Threshold

March 28, 2026 570 Views 0 comment Print

The Tribunal held that MMR cannot be applied where income is modest and statutory conditions are not met. It directed recomputation without applying higher tax rates.

Mutuality upheld, but bank interest taxed: ITAT sends club case back

March 28, 2026 522 Views 0 comment Print

The Tribunal held that member-based receipts may be exempt under the principle of mutuality. The matter was remanded to verify whether contributors and beneficiaries are identical.

No additions on account of consultancy receipts and alleged unexplained investments

March 27, 2026 636 Views 0 comment Print

Investments made by a foreign company could not be attributed to a non-resident individual shareholder without lifting the corporate veil. AO could not tax these investments in the assessee’s hands without proving the funds were routed personally by him.

Section 68 Addition Deleted Due to Absence of Incriminating Material in Search Assessment

March 27, 2026 594 Views 0 comment Print

The issue was whether share capital addition could be sustained without seized evidence. The Tribunal held that in absence of incriminating material, the addition under Section 68 is invalid.

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