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Interest Income Linked to Project Development Activities is Not Taxable: ITAT Delhi

April 25, 2026 381 Views 0 comment Print

The tribunal permitted set-off of interest paid against interest earned, finding both were intrinsically linked to business activities. It directed that only net impact be adjusted in capital work-in-progress.

Reassessment Quashed: JAO Cannot Issue 148 Notices Post-Faceless Regime- Hyd ITAT

April 25, 2026 1590 Views 0 comment Print

The Tribunal examined whether reassessment notices issued by a jurisdictional officer instead of a faceless authority were valid. It held such notices invalid, quashing the entire reassessment proceedings.

Reopening Quashed: ITAT Slams Casual 148A Action Where ₹50L Threshold Not Met

April 25, 2026 3621 Views 0 comment Print

The Tribunal held reassessment invalid as the alleged escaped income did not exceed ₹50 lakh required for extended limitation. It ruled that invoking extended time under Section 149 without satisfying this condition is illegal.

Accommodation Entry Commission Restricted to 0.5% – Addition Reduced to Actual Involvement

April 25, 2026 615 Views 0 comment Print

The issue was estimation of commission income from alleged accommodation entries. The tribunal held that addition should be restricted to 0.5% on proven transactions, not inflated amounts.

Section 80GGC Deduction Denied – Bogus Political Donation Upheld on Human Probability Test

April 25, 2026 777 Views 0 comment Print

The issue was whether donation to a political party qualified for deduction under Section 80GGC. The tribunal held the claim was not genuine and upheld disallowance due to lack of credibility.

Telecom Receipts Not Royalty/FTS – Taxable Only as Business Profits Absent PE

April 25, 2026 318 Views 0 comment Print

The issue was whether telecom and O&M service receipts are taxable as royalty/FTS in India. The tribunal held they are business profits and not taxable without a PE, granting relief.

Depreciation Allowed on BOT Annuity Rights – Intangible Asset Recognised

April 25, 2026 234 Views 0 comment Print

The tribunal examined whether depreciation can be claimed on concession rights under a BOT/DBFOT project. It held that the right to receive annuity/toll is an intangible asset eligible for depreciation under tax law.

Rs. 2.52 Cr Addition Set Aside – Ex-Parte Assessment Restored Due to Communication Failure & Lack of Opportunity

April 25, 2026 378 Views 0 comment Print

ITAT found that assessment and appeal orders were passed without proper opportunity due to communication issues. The case was remanded for fresh adjudication after granting fair hearing.

On-Money Addition Deleted – No Evidence Beyond Third-Party Pen Drive & Statements

April 25, 2026 1353 Views 0 comment Print

ITAT Mumbai deleted Section 69 addition for alleged on-money as no direct evidence linked assessee. Pen drive data lacked Section 65B proof and cross-exam was denied, rendering addition unsustainable.

Section 68 Addition for Share Premium Addition Deleted due to Limited Scrutiny Breach

April 25, 2026 4221 Views 0 comment Print

The Tribunal held that the AO exceeded the scope of limited scrutiny by invoking Section 68 without prior approval. The assessment was quashed as legally unsustainable, and the addition was deleted.

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