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Mechanical Rubber Stamp Section 153D Approval for Multiple Years Invalid: ITAT Delhi

September 13, 2025 705 Views 0 comment Print

ITAT Delhi rules that a single omnibus approval under Section 153D is invalid. Assessments and penalty quashed as approvals must be year-specific with application of mind.

Claim not forming part of resolution plan stands extinguished: ITAT Hyderabad

September 13, 2025 741 Views 0 comment Print

ITAT Hyderabad held that once the resolution plan is approved by the NCLT and the Company has been sold on going concern basis, whatever claims made before the Liquidator is final and all past or existing liabilities shall extinguish. Accordingly, matter restored back to re-examine claim made before liquidator.

Revenue Must Prove Cash Withdrawals Were Spent – No 60% Tax for AY 2017-18

September 13, 2025 594 Views 0 comment Print

The ITAT in Surya Kant Gupta vs. ITO deleted an income addition, ruling that cash withdrawals can explain deposits and the 60% tax rate doesn’t apply retrospectively.

Section 115BBE cannot be applied without fixing addition under charging provisions

September 13, 2025 1260 Views 0 comment Print

ITAT Delhi held that applicability of section 115BBE of the Income Tax Act without initially fixing the addition under any of the charging provisions i.e. section 68, 69, 69A, 69B, 69C and 69D of the Income Tax Act is not tenable in the eye of law. Accordingly, appeal allowed.

One-Size-Fits-All Approval Invalid – Absence of Mindful 153D Approval Vitiates Entire Assessment

September 13, 2025 759 Views 0 comment Print

The ITAT Delhi quashed a tax assessment against Melody Enterprises, ruling that the approval granted under Section 153D was mechanical, invalid, and lacked proper scrutiny.

ITAT Delhi Quashes Reassessment for Lack of Jurisdiction – Notice by Wrong AO Invalid

September 13, 2025 774 Views 0 comment Print

ITAT Delhi quashes a reassessment for Sulekh Chand Jain, holding that the Rohtak Assessing Officer lacked territorial jurisdiction, making the proceedings invalid.

Source-of-Source Amendment Not Retrospective: Tribunal Spares Company from₹4.5 Cr Share Application  Addition-

September 13, 2025 549 Views 0 comment Print

The ITAT Delhi has ruled in favour of Sourabh Logistics Pvt. Ltd. regarding ₹4.50 crore in share application money, upholding its deletion. However, additions of ₹1.50 crore for unsecured loans were partly confirmed and partly sent back to the Assessing Officer for further review.

ITAT Delhi Blesses “Typo” Claim – ₹43 Cr Arbitration Award Recast as Software Sales!

September 13, 2025 375 Views 0 comment Print

ITAT Delhi upholds 10A deduction for Rs.43 Cr software sale by Nuwave E Solutions, rejecting Revenue’s claim it was an ineligible arbitration award.

Payment Gateway Fees Not Taxable as Royalty in India: ITAT Kolkata

September 13, 2025 570 Views 0 comment Print

Flywire Payments Corporation wins ITAT Kolkata appeal; payments from Muthoot Forex not considered royalty. Tribunal directs verification of US tax returns.

ITAT Jaipur Deletes Additions Based on WhatsApp Messages & Rough Diaries

September 13, 2025 6366 Views 0 comment Print

ITAT Jaipur deletes additions based on WhatsApp chats and rough diaries, rejects notional interest charges in Manoj Kumar Gupta income tax case.

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