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ITAT Taxes 0.7% Margin on Vodafone E-Top Up Sales, Rejects Dept Appeal

October 5, 2025 477 Views 0 comment Print

ITAT Ahmedabad dismisses Income Tax Dept’s appeal, ruling that only the 0.7% margin earned on E-top-up sales routed to Vodafone is taxable income under Section 69A.

ITAT Restores 54F Claim Case as Assessee Missed Hearing Due to Family Medical Crisis

October 5, 2025 741 Views 0 comment Print

ITAT Ahmedabad sets aside GST assessment denial, remanding case for fresh hearing. Court holds non-compliance was due to severe family illness, violating natural justice.

Ex-Gratia Payment on Unit Closure Not Taxable as Salary: ITAT Chennai

October 5, 2025 1647 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT), Chennai, held that an ex-gratia payment received by an employee upon the closure of the employer’s unit was a voluntary capital receipt, not taxable as ‘profits in lieu of salary’ under Section 17(3) of the Income Tax Act, 1961.

ITAT Hyderabad Deletes CPC Adjustments – Double Disallowance & Wrong 43B Addition Quashed

October 4, 2025 729 Views 0 comment Print

ITAT Hyderabad deletes CPC adjustments for Caspian Impact Investments. Quashes double disallowance of Section 37(1) loss and Section 43B addition on transferred, carried-forward liability.

No addition for Medical College Donation Based Solely on Third-Party Evidence

October 4, 2025 522 Views 0 comment Print

Hyderabad ITAT quashes ₹20.50 lakh tax addition based on medical college search documents. Rules third-party material needs corroboration and cross-examination.

Belated Payment of Tribunal Cost Not Fatal to Appeal: ITAT Hyderabad

October 4, 2025 570 Views 0 comment Print

ITAT Hyderabad restores appeal dismissed by CIT(A) due to late payment of Tribunal-directed cost. Rules substantive justice prevails, imposes additional ₹20,000 fine.

CIT(A) Cannot Remand 143(3)/144B Assessments Under New 251(1) Proviso: ITAT Pune

October 4, 2025 2604 Views 0 comment Print

Pune ITAT rules CIT(A) wrongly applied new S. 251(1) proviso to remand a scrutiny assessment, which only applies to S. 144 orders. CIT(A) directed to decide the appeal on merits.

ITAT Pune Rules Land Sold to Developer as Rural Agricultural Land, Deletes ₹2.74 Cr Addition

October 4, 2025 828 Views 0 comment Print

Pune ITAT deletes ₹2.74 Cr capital gains addition on land sale, ruling it was rural agricultural land exempt u/s 2(14). Followed precedent set in spouse’s identical case.

Secured vs Unsecured Loans Not Comparable – Interest Paid to Relatives at 15% Allowed

October 4, 2025 945 Views 0 comment Print

Tribunal holds that reasonableness under Section 40A(2)(b) must be benchmarked against prevailing market rates for unsecured loans, not against lower-risk secured bank rates.

Past Acceptance No Defence in 263 – Tribunal Says Tax Depreciation Must Follow Act

October 4, 2025 354 Views 0 comment Print

ITAT Ahmedabad upholds PCIT’s Section 263 order, ruling that tax depreciation must comply with Explanation 10 to Section 43(1) and ICDS-VII. Unadjusted Government grants must reduce WDV, regardless of prior acceptance.

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