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Exemption u/s. 11 admissible to pending assessments post registration u/s. 12AA

July 3, 2025 627 Views 0 comment Print

ITAT Agra held that where registration has been granted to trust under section 12AA of the Income Tax Act, exemption under section 11 of the Income Tax Act admissible to preceding years for which assessment proceedings were pending before AO.

Addition u/s. 68 deleted as source of funds proved: ITAT Delhi

July 3, 2025 765 Views 0 comment Print

ITAT Delhi held that addition under section 68 of the Income Tax Act cannot be sustained as assessee has proved the source of funds for purchase of land made in earlier assessment year. Accordingly, appeal allowed.

Set off of short term capital loss [STT paid] is allowed against STCG [STT not paid]

July 2, 2025 3054 Views 0 comment Print

ITAT Mumbai held that short-term capital loss [STCL] on which STT is paid [which is taxable at 15% u/s. 111A of the Income Tax Act] can be set off against short-term capital gains [STCG] on which STT is not paid [which is taxable at 30% u/s. 115AD].

ITAT Condones Appeal Delay Due to COVID-19 and CA’s Preoccupation

July 2, 2025 267 Views 0 comment Print

Bangalore ITAT condones 66-day delay in appeal filing for Smt. Shobha, citing COVID-19 lockdown and CA’s pre-occupation, emphasizing sufficient cause for the delay.

Dividend Distribution Tax not chargeable on dividend paid to International Finance Corporation

July 2, 2025 789 Views 0 comment Print

ITAT Mumbai held that dividend paid to International Finance Corporation is exempt from Dividend Distribution Tax chargeable under section 115-O of the Income Tax Act. Accordingly, appeals of assessee allowed.

Addition in hands of one partner invoking section 69A not justified as seized cash belongs to firm

July 2, 2025 972 Views 0 comment Print

ITAT Jaipur held that seized cash belongs to the firm and not of the assessee alone and hence invoking provisions of section 69A of the Income Tax Act in the hands of assessee misconceived. Accordingly, addition is directed to be deleted.

Transfer pricing adjustment by applying Bright Line Test not permissible: ITAT Delhi

July 2, 2025 792 Views 0 comment Print

ITAT Delhi held that Bright Line Test doesn’t have statutory mandate and cannot be applied for determining Arm’s Length Price [ALP] of Advertisement, Marketing and Promotion [AMP] expense. Accordingly, appeal allowed to that extent.

Income from simulator training to FSTC Dubai was not taxable in India as FTS

July 2, 2025 819 Views 0 comment Print

AO treated this amount as fees for technical services (FTS) taxable in India, and Dispute Resolution Panel (DRP) upheld the assessment. DRP looked into whether the payment made by an Indian company, FSTI, to Ethiopian Airlines (EA) was taxable in India as FTS.

Addition towards bogus sales commission upheld due to absence of plausible explanation

July 2, 2025 717 Views 0 comment Print

ITAT Raipur held that addition of commission @1% on bogus sales transacted upheld as no plausible explanation provided by the assessee. Accordingly, appeal dismissed and order of CIT(A) upheld.

Delay of few seconds in filing ITR due to technical glitch is condonable

July 2, 2025 6135 Views 0 comment Print

ITAT Pune held that delay of 02 seconds in filing income tax return [ITR] is to be condoned and return is to be treated as filed in time as delay was caused due to technical glitch and last hour rush in website. Accordingly, claim of carry forward business loss allowed.

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