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ESOP Disallowance Deleted; LTCG on Kodaikanal Land Remanded for Re-Examination

December 12, 2025 447 Views 0 comment Print

ITAT Delhi allowed ESOP expenses of Rs. 54 lakh, emphasizing adherence to accounting principles and SEBI guidelines. Prior judicial precedents guided deletion of the AO’s disallowance.

Invalid Sanction Kills Reopening: ITAT Says PCIT Cannot Replace JCIT Under Old Section 151(2)

December 12, 2025 615 Views 0 comment Print

The Tribunal emphasized that for notices issued before 01.04.2021, the sanctioning power rested solely with the JCIT, making the PCIT’s approval invalid. Consequently, the ₹82.89 crore disallowance and all further proceedings were set aside.

Section 11 Exemption Cannot Be Denied for Missing Registration Details in ITR

December 12, 2025 642 Views 0 comment Print

ITAT allowed exemption under Section 11, holding that Revenue cannot deny benefits due to clerical omission of registration details. Key takeaway: procedural mistakes should not override substantive law.

Repayment of Friendly Loan Explained: ITAT Deletes ₹12.50 Lakh Addition u/s 69A

December 12, 2025 540 Views 0 comment Print

ITAT held that the assessee had proved identity, creditworthiness, and genuineness of the lender through affidavits, ITR and audited accounts. Since the AO brought no contrary evidence, the Section 69A addition was deleted.

Section 68 Share Premium Addition Remitted as Evidence Was Not Examined

December 12, 2025 312 Views 0 comment Print

Tribunal remanded the case after finding that documentary evidence submitted during assessment was not examined. The matter is sent back for fresh evaluation with an opportunity of hearing.

Disallowance Cut to 5% Since AO Failed to Prove Entire Sales Were Unexplained

December 12, 2025 276 Views 0 comment Print

ITAT held that the entire disputed turnover cannot be added when purchases are accepted and books are not rejected. Only the embedded profit is taxable, leading to restriction of addition to 5% of turnover.

Remand Ordered Since AO Adopted U/s 143(1) Figures Without Addressing Disallowances

December 12, 2025 441 Views 0 comment Print

ITAT ruled that a scrutiny order cannot override a 143(1) intimation if the AO fails to examine pending 154 grievances. The case was remanded because the core adjustments were never adjudicated.

ITAT Again Follows Its Own Precedents: Qualcomm Royalty from Foreign OEMs Not Taxable in India

December 12, 2025 396 Views 0 comment Print

RBI introduces a uniform framework governing interest rates, premature withdrawal penalties, and deposit treatment to ensure fairness and transparency across Local Area Banks.

Section 10(23C)(iiiab) Rejected for Lack of Educational Activity and Government Funding

December 12, 2025 381 Views 0 comment Print

The Tribunal ruled that the entity did not qualify as an educational institution or as substantially government-financed, leading to denial of Section 10(23C)(iiiab) exemption. The dispute over taxing gross receipts was remanded for a fresh decision. Key takeaway: fund management alone cannot justify exemption.

ITAT Rejects Bogus Debtors Theory: Rs. 65.19 Lakh Addition Deleted for Lack of Evidence

December 12, 2025 330 Views 0 comment Print

The Tribunal held that additions based solely on earlier-year assumptions cannot sustain without year-specific evidence. It found no material to show that current-year sales or debtors were bogus. The takeaway is that assessments must be supported by concrete evidence, not presumptions.

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