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ITAT Delhi allows LTCG Exemption Despite Penny Stock Concerns

April 22, 2025 1041 Views 0 comment Print

ITAT Delhi rules for Shoubit Goel (HUF), allowing LTCG u/s 10(38) on Unno Industries shares. Lack of specific evidence against assessee overrides AO’s doubts.

Exempt LTCG Under India-Mauritius DTAA Not Adjustable Against Taxable Losses: ITAT Mumbai

April 22, 2025 828 Views 0 comment Print

It also referred to similar findings in Matrix Partners India Investment Holdings, LLC vs DCIT and other precedents, reinforcing that exempt income did not form part of the computation of total income under Indian law.

No Section 271D Penalty on Family Cash Loans: ITAT Bangalore

April 22, 2025 9135 Views 0 comment Print

ITAT Bangalore cancels ₹2.20 lakh penalty on Rajiv Duseja for cash loans from family. Cites precedents on genuine transactions & reasonable cause.

ITAT Kolkata Quashes Reopening Due to Vague Reasons & Mechanical Approval

April 22, 2025 948 Views 0 comment Print

ITAT Kolkata held that reopening of assessment is invalid since reasons recorded are vague and scanty and PCIT has granted approval in mechanical manner. Accordingly, reopening of assessment is liable to be quashed.

Assessment on United Bank Post-Amalgamation with PNB Not Sustainable: ITAT Delhi

April 22, 2025 642 Views 0 comment Print

ITAT Delhi held that assessment passed on a non-existing entity [i.e. Union Bank of India] not sustainable since the same is amalgamated with Punjab National Bank and accordingly, Union Bank of India has lost its existence.

Section 270A set aside as charge of under reporting or mis-reporting of income not clarified

April 22, 2025 1566 Views 0 comment Print

ITAT Bangalore held the imposition of penalty under section 270A of the Income Tax Act is not sustainable since charge of under reporting or mis-reporting not clarified. Thus, penalty cannot be imposed in a light hearted manner or in routine manner.

Dismissal of application u/s. 80G(5) not justified in view of CBDT Circular 7/2024

April 22, 2025 786 Views 0 comment Print

ITAT Surat held that the application in Form No.10AB u/s 80G(5) of the Income Tax Act cannot be dismissed as barred by limitation in view of CBDT circular 7/2024 dated 25.04.2024. accordingly, matter remitted to the file of CIT(E).

Person other than searched person should be assessed u/s. 153C instead of 143(3): ITAT Delhi

April 22, 2025 1668 Views 0 comment Print

Coordinate Tribunal in the case of Arti Dhall vs. DCIT has held that in the case on hand undoubtedly the satisfaction note u/s 153C of the Act was recorded on 27.09.2022 which falls in the previous year 2022-23 relevant to the AY 2023-24.

Interest on loan taken to acquire shares eligible for deduction u/s. 36(1)(iii): ITAT Hyderabad

April 22, 2025 1035 Views 0 comment Print

ITAT Hyderabad held that interest on loan taken to acquire shares of any company for taking controlling interest is eligible as deduction under section 36(1)(iii) of the Income Tax Act. Accordingly, appeal of revenue dismissed.

Section 153A Additions for Accommodation Entries Invalid Without Incriminating Material

April 22, 2025 1164 Views 0 comment Print

ITAT Mumbai upheld CIT(A)’s rulings in ACIT vs GM Modular Pvt. Ltd., addressing unverified purchases, PF/ESI disallowances, and incriminating material in search cases.

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