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All ITAT

Wrong clause selection in 12AB registration application – Not Fatal, Matter Remanded

August 19, 2025 1194 Views 0 comment Print

The ITAT ruled that a trust’s tax exemption application cannot be rejected for selecting the wrong clause. The case was remanded for a decision on merits.

CIT(A) Cannot Remand 147/144B Reassessments – Speaking Order Required

August 19, 2025 1200 Views 0 comment Print

ITAT Pune rules that a CIT(A) cannot remand assessments under Section 147. This power to set aside and remand is restricted only to Section 144 assessments.

Tax Is on Real Income, Not Gross Turnover – ITAT Pune on Charitable Club Taxation

August 19, 2025 693 Views 0 comment Print

The ITAT in Vir Savarkar Swimmers Club vs. ITO case ruled that even without a tax exemption, only a society’s net income is taxable, not its gross receipts.

CIT(A) Cannot Dismiss Appeal for Non-Prosecution Without Speaking Order

August 19, 2025 888 Views 0 comment Print

The ITAT in Ganesh Agro Steel Industries vs ACIT ruled that an appeal cannot be dismissed for non-prosecution without a speaking order on its merits.

PCIT Cannot Re-open Assessments on Mere Suspicion: ITAT Pune

August 19, 2025 384 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT), Pune, has ruled that a Principal Commissioner of Income Tax (PCIT) cannot invoke Section 263 to revise an assessment based on mere suspicion or audit objections, especially when the Assessing Officer (AO) has conducted a proper inquiry.

CIT(A) cannot dodge legal grounds; Section 250(6) Mandates Speaking Order

August 18, 2025 1050 Views 0 comment Print

The ITAT has set aside a tax order, directing the CIT(A) to properly adjudicate all legal grounds raised by a taxpayer instead of remanding the case without a decision.

Profits Cannot be equated with Cash in hand: ITAT Pune

August 18, 2025 432 Views 0 comment Print

The ITAT Pune ruled on the Gousmahammad Anwar Gavandi case, reducing a tax addition on seized cash by accepting cash-in-hand and part of the claimed cash sales.

Gross Receipts of Charitable Trust Cannot be Taxed Merely Due to ITR Filing Errors

August 18, 2025 1299 Views 0 comment Print

An ITAT Pune order protects a charitable trust from being taxed on its gross receipts due to income tax return filing errors. Learn how Section 12AA registration and genuine expenses can shield trusts.

Bogus purchases cannot be treated as unexplained credits: ITAT Pune

August 18, 2025 939 Views 0 comment Print

Pune ITAT rules that a charitable trust’s alleged bogus purchases cannot be treated as unexplained credits and deletes the tax addition due to lack of cross-examination.

ITAT Cuttack Quashes 271D, 271E Penalties for Lack of Recorded Satisfaction

August 18, 2025 5154 Views 0 comment Print

Cuttack ITAT cancels penalties under sections 271D and 271E, ruling that the Assessing Officer must record satisfaction in the assessment order before initiating penalty proceedings.

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