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No Addition for Bogus Purchases Without Cogent Evidence – Diamond Trader; Revenue Failed to Prove Nexus

September 7, 2025 663 Views 0 comment Print

The ITAT Mumbai has ruled in favor of Ankit Gems, deleting a tax addition for alleged bogus purchases. The court found no evidence and placed the burden of proof on the tax department.

ITAT Quashes Sec 263 Revision Against Mauritius FPI for Lack of Error or Prejudice to Revenue

September 7, 2025 534 Views 0 comment Print

ITAT Mumbai rules against a Section 263 revision order, stating the Assessing Officer had conducted sufficient inquiry in the original assessment.

Advance for Unsold Land Not Taxable, Only Actual Sale Consideration taxable

September 7, 2025 1227 Views 0 comment Print

The ITAT Chennai ruled on whether land was an urban capital asset and on the correct sale consideration. It held the land was a capital asset but restricted taxable sale consideration to the amount for land actually transferred in the assessment year.

LTCG on Minor Daughter’s Share Kept in Court Not Clubbable with Assessee’s Income

September 7, 2025 786 Views 0 comment Print

The ITAT Chennai has ruled that capital gains tax cannot be levied on a minor’s share of property sale proceeds if the funds are deposited under a court order.

ITAT Mumbai Quashes 153A Assessment Without Incriminating Material | ESOP Expense Allowed

September 7, 2025 600 Views 0 comment Print

The ITAT Mumbai dismissed income tax appeals against Hardcastle Restaurants, holding that additions cannot be made to completed assessments without incriminating material found during a search operation.

No PE as company doesn’t have any control over employees seconded to Indian entity

September 6, 2025 669 Views 0 comment Print

ITAT Delhi held that non-resident company assessee was not having any control over employees seconded by it to Indian entity and hence there cannot be any fixed place Permanent Establishment [PE] of the assessee in India. Accordingly, appeal allowed.

Deduction u/s. 80P(2)(d) admissible on interest received from Kanchipuram Central Co-op. Bank

September 6, 2025 576 Views 0 comment Print

The AO completed the assessment u/s.147 r.w.s. 144B of the Act vide order dated 02.03.2023. In the said reassessment order, the AO treated the income received from Kanchipuram Central Co-operative Bank Ltd.

Matter restored as excess sugarcane price and sale of sugarcane at concessional rate needs fresh consideration

September 6, 2025 498 Views 0 comment Print

ITAT Pune held that excess sugarcane price paid to the members and sale of sugarcane at concessional rate needs fresh consideration and accordingly, the matter is restored back to the file of AO.

Ex-parte order sustaining addition u/s. 69A restored back as notice sent to old e-mail

September 6, 2025 333 Views 0 comment Print

ITAT Pune held that ex-parte order sustaining addition under section 69A of the Income Tax Act on account of non-compliance on the part of the assessee not justified since relevant notice and order were served to old e-mail of the assessee. Accordingly, matter restored back to the file of AO.

Exemption u/s. 11 cannot be denied merely for delay in filing Form 10B: ITAT Ahmedabad

September 6, 2025 2562 Views 0 comment Print

ITAT Ahmedabad held that delay in furnishing Form No. 10B is procedural lapse hence it cannot be sole reason for denial of exemption under section 11 of the Income Tax Act. Accordingly, delay in filing 10B condoned and exemption granted.

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