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Mechanical Section 153D Approval: ITAT Delhi Quashes Assessment

April 22, 2025 1206 Views 0 comment Print

ITAT Delhi quashes assessments due to mechanical approvals under Section 153D, citing lack of application of mind. Learn about key judicial precedents and findings.

Orders to Non-Existent Entities Void; Draft Assessment Order must for Section 144C

April 22, 2025 1641 Views 0 comment Print

ITAT Chennai rules on assessment orders issued to a non-existent entity after a merger. Learn about the legal implications and the impact on tax proceedings.

Section 54F Deduction Allowed to Son for Purchasing Two Properties from Inherited Assets

April 21, 2025 13950 Views 0 comment Print

This is a peculiar case wherein assessee has declared as a single owner and sold the property, however purchased two properties and registered one property in the name of his mother on the basis of inheritance.

GST not includible in Gross Receipts for Income Computation U/S 44BB: ITAT Mumbai

April 21, 2025 1761 Views 0 comment Print

ITAT Mumbai held that GST would not form part of gross receipts for the purposes of computing presumptive income under Section 44BB of the Income Tax Act. Accordingly, appeal of the assessee allowed.

Section 115JB of Income Tax Not Applicable to Banking Companies: ITAT Bangalore

April 21, 2025 1233 Views 0 comment Print

ITAT Bangalore held that provisions of section 115JB of the Income Tax Act cannot be applied to assessee bank and consequently the tax on book profits (MAT) are not applicable to assessee bank. Accordingly, appeal of the assessee bank allowed.

AO Lacks Authority to Deny Section 11 Exemption After Granting Section 12AA Registration

April 21, 2025 1743 Views 0 comment Print

ITAT Mumbai: Valid 12AA registration bars AO from denying Sec 11 exemption by re-examining charitable objectives. Key ruling explained.

No Addition u/s 153A without incriminating material found during search – Statements of third parties not sufficient: ITAT Delhi

April 20, 2025 1911 Views 0 comment Print

Gulshan Investment Pvt. Ltd. Vs JCIT (OSD) (ITAT Delhi) No Addition u/s 153A without incriminating material found during search – Statements of third parties not sufficient:  ITAT Delhi Gulshan Investment Pvt. Ltd & others Vs JCIT -ITA No.3872/Del/2024 dt 16.4.25 The core dispute involves additions made by the AO u/s 153A following a search & […]

No requirement under law for registration of knowhow to claim depreciation

April 20, 2025 906 Views 0 comment Print

ITAT Kolkata rules no legal requirement for knowhow registration to claim depreciation under Section 32. Landis + Gyr case summary.

Quantifying Escaped Income Mandatory at Reason-Recording Stage: ITAT Delhi

April 20, 2025 3996 Views 0 comment Print

Delhi ITAT quashes reassessment in Vijender Nath Gupta case, citing AO’s failure to properly quantify escaped income during reopening.

Planning, HR, Legal & IT Support Not Taxable as FTS Under India-USA DTAA, Citing ‘Make Available’ Test

April 20, 2025 1314 Views 0 comment Print

ITAT Delhi rules Crocs Inc.’s service income not taxable in India under DTAA, as services did not “make available” technical knowledge to Crocs India.

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