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ITAT Upholds 100-Bed Hospital Deduction u/s 35AD After Bed Strength Evidence

September 11, 2025 1179 Views 0 comment Print

ITAT Chennai upholds a hospital’s claim for a tax deduction under Section 35AD, ruling that a medical director’s certificate and other evidence confirm the 100-bed requirement was met, despite initial departmental findings.

Director’s Statement Alone Insufficient to Levy Rs. 6 Crore Tax Addition: ITAT Ranchi

September 11, 2025 591 Views 0 comment Print

In ACIT vs. Hallmark Suppliers Pvt. Ltd., the ITAT Ranchi upheld the deletion of a Rs. 6 crore income addition, ruling that the director’s statement alone, without corroborative evidence, could not be the basis for assessment.

Procedural lapse in filing Form 26Q cannot justify a disallowance u/s 40(a)(ia)

September 11, 2025 645 Views 0 comment Print

Chennai ITAT rules that S. 194C(6) (obtaining PAN) and S. 194C(7) (filing statement) are independent. A procedural lapse in filing Form 26Q cannot justify a disallowance u/s 40(a)(ia).

Manual Form 10 Filing Before Due Date Valid: ITAT deletes Rs.25.5 lakh addition

September 11, 2025 396 Views 0 comment Print

The ITAT Delhi ruled that an Assessing Officer could not disregard the Tribunal’s prior order regarding the manual vs. electronic filing of Form 10, deleting the disallowance.

ITAT Delhi Upholds External Development Charges Interest as Revenue Expense

September 11, 2025 726 Views 0 comment Print

The ITAT Delhi dismissed the revenue’s appeal, ruling that interest on External Development Charges (EDC) is a deductible revenue expense, not a penal or capital one.

Joint Property Bought by Husband, Entirely His Investment: ITAT Deletes Addition in Wife’s Hands

September 11, 2025 2046 Views 0 comment Print

ITAT Delhi partly allows assessee’s appeal, holding Rs.70.46 lakh addition for Kolkata property wrongly made in wife’s hands; entire investment made and disclosed by husband.

Revision action u/s. 263 cannot be taken as AO has applied his mind

September 11, 2025 432 Views 0 comment Print

ITAT Chennai held that invocation of revisionary proceedings under section 263 of the Income Tax Act not justified as AO has applied his mind and revision u/s. 263 cannot be possible for mere change of opinion. Accordingly, appeal allowed.

Adhoc disallowance of expenses merely on the basis of suspicion is not tenable

September 11, 2025 1164 Views 0 comment Print

ITAT Chennai held that adhoc disallowance of expenses merely on the basis of suspicion without adequate evidence and cogent reason is not tenable in law. Accordingly, adhoc disallowance under repair and maintenance and sundry expense set aside.

PCIT Cannot Revise When AO Took Possible View-10% Tolerance u/s 43CA Applies Retrospectively

September 11, 2025 330 Views 0 comment Print

ITAT Pune rules that PCIT cannot revise an assessment under Section 263 if the AO took a plausible view. The 10% tolerance limit under Section 43CA is retrospective.

Addition u/s. 69A set aside as cash deposit during demonetization sufficiently explained

September 11, 2025 690 Views 0 comment Print

ITAT Chennai held that addition under section 69A of the Income Tax Act towards cash deposit during demonetization not justified since assessee has sufficiently explained that the said deposit is from earlier withdrawal. Accordingly, appeal allowed.

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