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Providing less than 7 days to reply is against mandate of Section 148A(b): ITAT Raipur

April 26, 2025 1170 Views 1 comment Print

ITAT Raipur held that providing unreasonably short period of time of six days for furnishing reply vide notice issued u/s. 148A(b) of the Income Tax Act is against the mandate of law and hence liable to be set aside.

LTCG Exemption Cannot Be Denied on Mere Probabilities Without Legal Evidence

April 25, 2025 2331 Views 0 comment Print

AO could not reject the LTCG Exemption claim based on mere surrounding circumstances or probabilities without presenting any legal evidence against him: ITAT

LTCG Addition by AO Based on Suspicion, Unsupported by Evidence, Deleted by ITAT Jaipur

April 25, 2025 975 Views 0 comment Print

ITAT Jaipur accepts LTCG claim of Vivek Agarwal; rejects AO’s addition under Section 68, citing adequate evidence of share transactions and demat holdings.

Genuine LTCG Exemption Cannot Be Denied Based on Suspicion or Conjectures

April 25, 2025 123 Views 0 comment Print

ITAT Kolkata deletes addition under Section 68, accepting LTCG on share sale by Kiran Kothari as genuine, rejecting AO’s reliance on general reports.

ITAT Mumbai deletes ₹103 Crore Addition for Auto Driver

April 25, 2025 8742 Views 0 comment Print

ITAT Mumbai ruled in favor of an auto-rickshaw driver, rejecting a ₹103 Crore income addition, citing insufficient investigation by the AO.

Software Development is Production; Investment & Addl. Depreciation Allowed

April 25, 2025 114 Views 0 comment Print

ITAT Bangalore rules software development as “production”, allowing Bosch’s claim under Sections 32(1)(iia) and 32AC for depreciation and investment allowance.

Lack of Charitable Intent in Capitation Fee Collection: ITAT denies Section 11 Exemption

April 25, 2025 318 Views 0 comment Print

ITAT Bangalore denies Section 11 exemption to Al-Badar Trust, citing capitation fee collection as lacking charitable intent under the Income Tax Act.

ITAT Quashes Time-Barred Reassessment in HSBC Geneva Account Case

April 25, 2025 402 Views 0 comment Print

ITAT Mumbai allows appeal by Kalpana Dilip Mehta, quashing reassessment order as time-barred, emphasizing strict adherence to limitation periods in income tax law.

Section 14A doesn’t apply while computing income as per section 44: ITAT Delhi

April 25, 2025 294 Views 0 comment Print

ITAT Delhi held that while computing total income as per Rule 5 r.w. section 44, provisions of section 14A are not applicable. Further, disallowance method of computation of prescribed under Rule 8D is not applicable while “Book Profit” u/s 115JB.

Unpaid VAT liability not claimed as expense in P&L cannot be disallowed u/s. 43B

April 25, 2025 243 Views 0 comment Print

ITAT Raipur held that disallowance under section 43B of the Income Tax Act towards unpaid VAT liability cannot be sustained since the amount was not claimed as an expenditure in P&L account. Accordingly, appeal of revenue dismissed.

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