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ITAT Quashes 263 Order: PCIT Cannot Fish for Enquiries in Faceless Assessment

September 11, 2025 1383 Views 0 comment Print

Delhi ITAT cancels PCIT’s revision u/s 263 against faceless assessment, ruling it cannot be used for fishing enquiries. Order restores NFAC’s original assessment.

ITAT Delhi Upholds Reopening u/s 147 – GP on Cash Deposits Reduced to 4%

September 11, 2025 258 Views 0 comment Print

ITAT Delhi upheld reassessment u/s 147 for cash deposits during demonetisation. Demon deposits issue remanded to AO; GP on non-demon deposits reduced from 8% to 4%.

Once Books Rejected, Profit Estimation Must Rely on Industry Data: ITAT Mumbai

September 11, 2025 651 Views 0 comment Print

ITAT Mumbai has remanded a case back to AO, ruling that CIT(A) erred in accepting a 5% profit margin without supporting evidence or comparable cases.

Exemption u/s 10(23C)(vi) Cannot Be Denied for Delay in Filing Audit Report: ITAT Kolkata

September 11, 2025 459 Views 0 comment Print

Kolkata ITAT ruled that a late-filed audit report is a procedural lapse, not a reason to deny an educational society’s tax exemption under Section 10(23C).

Accommodation Entry Case: ITAT Cuts Commission Rate to ₹8,000 per Cr, Upholds Penalty

September 11, 2025 630 Views 0 comment Print

The ITAT Delhi has partially allowed an appeal by an accommodation entry provider, reducing the assessed commission rate and upholding a penalty for a delayed tax audit report.

CBDT Instruction on Scrutiny Format Mandatory – Tribunal Cancels 144 Assessment

September 11, 2025 1149 Views 0 comment Print

ITAT Kolkata cancels a Section 144 assessment, ruling that the foundational Section 143(2) notice was invalid for failing to comply with mandatory CBDT instructions on scrutiny formats and jurisdictional limits.

Business Trading in Shares Cannot Be Taxed u/s 68 – Penny Stock Allegation Fails

September 11, 2025 507 Views 0 comment Print

The ITAT Mumbai upheld deletions of additions made under Section 68, ruling that share trading losses and profits, declared as business income and supported by documentation, could not be treated as unexplained income based solely on penny stock allegations.

ITAT Deletes Demonetization Addition – Cash Sales Backed by VAT Accepted

September 11, 2025 330 Views 0 comment Print

ITAT Delhi rules against double taxation, deleting a Rs.50.18 lakh addition after finding that cash deposits were sourced from sales already accepted and taxed.

Cherry Picking of Comparables Not Permissible – ITAT Clarifies TP Approach

September 11, 2025 1116 Views 0 comment Print

ITAT Bangalore rules against using high-turnover IT giants as comparables for smaller captive service providers in transfer pricing, citing scale and brand value differences.

Revision Invalid Where New Issues Added Beyond 263 Notice: ITAT Mumbai

September 11, 2025 384 Views 0 comment Print

ITAT Mumbai ruling clarifies PCIT’s Section 263 powers, quashing new issues and CSR/80G claims, but remitting TDS matters for further AO verification.

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