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No Downward Adjustment Under 80IA Because CPP Transfer Valued Using SEB Consumer Tariff

November 19, 2025 597 Views 0 comment Print

The tribunal held that the State Electricity Board consumer tariff of ₹6.62/unit was the valid internal CUP for captive power transfer. Rejecting comparisons with generating companies, it ruled that no downward adjustment was required. The key takeaway is that actual SEB purchase rates can reliably determine market value for 80IA claims.

Failure to Consider Evidence Cannot Deny Section 54F/54EC Benefits: ITAT Mumbai

November 19, 2025 612 Views 0 comment Print

Tribunal upheld capital gains exemptions after finding that assessee had furnished proof of investments under sections 54F and 54EC. The ruling confirms that omission to consider evidence cannot justify denial of statutory relief.

SCN With One-Day Deadline Invalid: ITAT Condoned Delay Arising from Husband’s Death

November 19, 2025 384 Views 0 comment Print

The Tribunal held that granting only one day to reply to a show-cause notice violated principles of natural justice. The assessment order was set aside and the matter remanded for fresh examination.

AO Cannot Replace Evidence with Online Estimates: Tribunal Deletes Agricultural Income Addition

November 19, 2025 816 Views 0 comment Print

Tribunal held that AO erred by rejecting agricultural income based on estimated rates and online data while ignoring affidavits from buyers. It ruled that uncontroverted evidence cannot be replaced by assumptions, leading to deletion of ₹1.20 crore addition.

No Section 194-IA TDS Needed as Payment to Each Co-Owner Below ₹50 Lakh, So 234E Levy Set Aside

November 19, 2025 939 Views 0 comment Print

The ruling found no liability to deduct TDS because individual payments to transferors were below the statutory threshold. Consequently, the fee and interest imposed under Section 234E were set aside.

Real Estate Income Issue Remanded as Section 44AD Claim Unaddressed: ITAT Nagpur

November 19, 2025 630 Views 0 comment Print

The Tribunal held that additions made by treating real estate receipts as capital gains required fresh verification. The case was remanded as the earlier order failed to examine the assessee’s claim of business income under section 44AD.

Disallowance Upheld Due to AO’s Satisfaction: ITAT Confirms Rule 8D Application

November 19, 2025 360 Views 0 comment Print

Tribunal held that the AO had validly recorded dissatisfaction with the assessee’s 14A working and rightly invoked Rule 8D, confirming interest disallowance while remanding only the investment-averaging computation for Vireet-based recalculation.

1,370-Day Delay Not Condoned; Reliance on Consultant Not Sufficient Cause: ITAT Mumbai

November 19, 2025 645 Views 0 comment Print

ITAT Mumbai dismissed a tax appeal due to a 1,370-day delay, ruling that reliance on a tax consultant’s advice does not constitute sufficient cause for condonation. Case underscores strict adherence to limitation rules in tax proceedings.

Section 263 Not Invocable When AO Takes a Plausible View After Inquiry: ITAT Mumbai

November 19, 2025 591 Views 0 comment Print

The ITAT Mumbai held that Section 263 cannot be invoked when the Assessing Officer has taken a permissible view after inquiry. Revision order quashed, upholding reassessment.

Section 87A Rebate Applicable on capital gains taxed at special rates: ITAT Chennai

November 19, 2025 11703 Views 0 comment Print

ITAT Chennai holds that Section 87A rebate is available even when total income includes capital gains taxed at special rates, reversing CIT(A)’s denial.

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