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Brokerage Is Turnover, Not Client Trades: ITAT Delhi Deletes 271B Penalty on Sub-Broker

December 18, 2025 447 Views 0 comment Print

ITAT Delhi ruled that a sub-broker’s turnover includes only brokerage income, not total client transactions, and deleted ₹1.5 lakh penalty under Section 271B.

Portal Silence Can’t Kill Appeal: ITAT Delhi Orders Condonation of 321-Day Delay in Faceless Regime

December 18, 2025 735 Views 0 comment Print

ITAT allowed condonation of a 321-day delay in appeal filing, emphasizing procedural fairness when assessment orders are delivered electronically.

Higher Depreciation Restored as 143(1) Can’t Decide Debatable Claims

December 18, 2025 360 Views 0 comment Print

The issue was whether higher depreciation on goods carriage vehicles could be disallowed during return processing. The Tribunal held that such debatable claims need scrutiny and cannot be adjusted under section 143(1).

Depreciation Can’t Be Denied on Suspicion After MAP Resolution

December 18, 2025 321 Views 0 comment Print

The ITAT held that depreciation cannot be disallowed when ownership, usage, and actual cost of assets are undisputed. Mere suspicion about the source of funds is insufficient to deny statutory depreciation.

TP Adjustment Deleted as INR-Denominated CCD Interest Must Follow PLR

December 18, 2025 729 Views 0 comment Print

The issue was whether interest on INR-denominated CCDs should be benchmarked using LIBOR or domestic rates. The Tribunal held that PLR applies, rendering the transfer pricing adjustment unsustainable.

ITAT Chennai Condones 45-Day Delay; NFAC Cannot Reject Appeal In-Limine When Cause Is Reasonable

December 18, 2025 258 Views 0 comment Print

The issue was whether a short delay in filing an appeal justified outright dismissal. The Tribunal held that illness supported by medical evidence constituted reasonable cause and restored the appeal for merits adjudication.

Section 263 Revision Unwarranted After Due Inquiry; Revenue Appeal Dismissed

December 18, 2025 750 Views 0 comment Print

The ITAT dismissed the Revenue’s appeal after the High Court upheld that revision under Section 263 was unwarranted where the Assessing Officer had conducted due inquiry.

Loss on Loan-to-Equity Conversion Allowed as Business Loss to Bank: ITAT Mumbai

December 18, 2025 810 Views 0 comment Print

Tribunal held that loss arising from compulsory conversion of stressed loans into equity under a restructuring scheme is a deductible business loss or bad debt for a bank.

Milk Procurement Incidental to Charitable Object; Section 11 Exemption Allowed

December 18, 2025 444 Views 0 comment Print

The tribunal held that milk procurement and sale by a charitable society were incidental to its primary object of helping small and marginal farmers, and exemption under Section 11 could not be denied.

Amended Section 115BBE Rate Not Applicable Retrospectively on Section 69A Addition

December 18, 2025 1827 Views 0 comment Print

The assessee claimed the firm had dissolved and deposits belonged to a partner. The Tribunal held that absence of documentary proof justified treating bank deposits as unexplained income.

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