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No TDS Liability on Year-End Provisions Without Identified Payees: ITAT Mumbai

November 9, 2025 1416 Views 0 comment Print

ITAT Mumbai held that TDS need not be deducted on year-end expense provisions where payees are unidentifiable and liability crystallizes later. Case remanded for factual verification.

Capital Gains on Development Rights Taxable to Members, Not Society: ITAT Mumbai

November 9, 2025 1683 Views 0 comment Print

ITAT Mumbai held that consideration from a redevelopment agreement is taxable in hands of individual members, not co-operative housing society. Tribunal upheld CIT(A)’s deletion of ₹4.97 crore addition, confirming that society acted merely as a representative.

ITAT Delhi Deletes Double Addition of ₹14.45 Crore Made by CPC

November 9, 2025 801 Views 0 comment Print

ITAT held that once income is accounted in the Profit & Loss statement, further addition by the tax authority is unlawful. The order restores the correct claim of losses and eliminates double addition.

No Addition if Loan Identity & Creditworthiness Proven; Section 115BBE Applies Prospectively

November 9, 2025 663 Views 0 comment Print

ITAT Delhi upheld deletion of additions under Section 68 after the assessee proved identity, creditworthiness, and genuineness of lenders. Interest disallowance was also deleted as loans were repaid and taxed transactions verified.

Assessments Beyond Ten-Year Block Invalid Under Section 153C: ITAT Delhi

November 9, 2025 534 Views 0 comment Print

ITAT Delhi held that assessments for A.Ys 2011–12 and 2012–13 were invalid since they fell outside the ten-year block reckoned from the date of receipt of seized material. The Tribunal followed CIT v. Jasjit Singh (SC) and Ojjus Medicare (Del HC) rulings.

Addition u/s. 68 towards cash deposit during demonetization deleted since it was out of cash sales

November 9, 2025 528 Views 0 comment Print

ITAT Chennai held that addition under section 68 of the Income Tax Act rightly deleted by CIT(A) since cash deposit during demonetization duly reflected as cash sales and there was no abnormal spike in sales during demonetization.

Comparable controlled transaction not to be taken as comparable to benchmark international transaction

November 9, 2025 318 Views 0 comment Print

ITAT Delhi held that comparable controlled transaction cannot be taken as comparable to benchmark the international transaction. Accordingly, transfer pricing adjustment in respect of international transaction towards payment of royalty deleted.

Activity of hostel/mess being part of main activity eligible for 15% standard exemption u/s. 11(1)(a)

November 9, 2025 378 Views 0 comment Print

ITAT Indore held that activity of providing hostel/mess is part of main activity of imparting education. Hence, claim of 15% of gross receipts as eligible exemption under section 11(1)(a) of the Income Tax Act justified.

Rebuttable Presumption under Section 292C Cannot Be Applied Mechanically: ITAT Delhi

November 9, 2025 618 Views 0 comment Print

ITAT Delhi held that a seized document mentioning ₹18 lakh could not, without corroboration, be treated as undisclosed income of Krishna Gopal Saraf, deleting the addition.

Share application money received in prior years cannot be added in current assessment year

November 9, 2025 570 Views 0 comment Print

ITAT Delhi allowed Ekalavya Gift Galleries Pvt. Ltd.’s appeals, holding that share capital and premium received from investors were properly explained and not taxable under section 68.

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