Mumbai ITAT held that payments from accumulated income to institutions registered under Section 12AA attracted Section 11(3)(d). The Tribunal ruled that rectification under Section 154 was valid as the omission was a mistake apparent from the record.
Mumbai ITAT held that the Revenue could not attribute the entire execution revenue from cross-border deals to the Indian PE without adequate evidence. The Tribunal upheld revenue sharing based on actual functions performed by overseas offices.
Mumbai ITAT held that maintenance charges and other collections received exclusively from members of a co-operative society are exempt under the doctrine of mutuality. Surplus generated from such receipts does not constitute taxable income.
ITAT Mumbai ruled that additions under Section 69 cannot be sustained merely on suspicion when the entire property investment is supported by documentary evidence. The Tribunal emphasized that conjectures cannot substitute proof.
The Tribunal ruled that information from the Sales Tax Department and generic statements of alleged hawala dealers are insufficient without transaction-specific evidence. The key takeaway is that direct documentary proof carries greater evidentiary value.
Additions made by attributing the commission income earned by PSPL as undisclosed income of the Assessees were held unsustainable in law and were directed to be deleted across all relevant assessment years as Revenue had failed to establish inflation of purchase prices; accrual of PSPL’s commission income to assessees; any flow back of funds to the Assessees; or that PSPL was a sham or fictitious entity.
The Chennai ITAT ruled that indexation benefits under Section 48 cannot be denied when construction details are already part of the registered sale deed. The Tribunal held that annexures forming part of the sale deed cannot be treated as additional evidence.
The Tribunal observed that reliance on third-party statements without providing cross-examination rendered the additions legally unsustainable. The judgment highlights the procedural safeguards available to taxpayers in search-related proceedings.
The key issue was whether the absence of corresponding entries in Form 26AS justified denial of TDS credit. The ITAT held that employees should not suffer adverse consequences due to the employer’s failure to comply with TDS obligations.
The Tribunal ruled that reassessment proceedings initiated on the basis of an invalid Section 148 notice were void ab initio. It observed that where jurisdiction itself is lacking, the proper course is to annul the proceedings rather than remand the matter. The decision underscores the mandatory nature of statutory limitation periods.
