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section 28

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Income Tax Provisions applicable to business entities

Income Tax : PGBP governs the computation of business and professional income. It defines chargeable income (Sec. 28, 41) including statutory a...

October 17, 2025 2859 Views 0 comment Print

GST on Commission: A Guide for Agents and Brokers

Goods and Services Tax : Learn about the scope of GST on commission income. Understand the invoice test, registration thresholds, and key rulings that clar...

September 8, 2025 5715 Views 1 comment Print

Consequences of Non-Compliance to TDS (Section 201)

Income Tax : Understand the penalties, interest, and disallowance of expenditure under Section 201 for failure to comply with TDS provisions in...

July 5, 2025 8043 Views 0 comment Print

Taxability of director remuneration: Salary or Business income

Income Tax : Understand whether director remuneration is taxed as salary or business income. Learn about tax implications, employer-employee re...

March 3, 2025 28458 Views 1 comment Print

Healthy Discussion on Sections 68 & 44AD by CA Micky and CA Mini

Income Tax : Explore the discussion between CA Micky and CA Mini on Sections 68 & 44AD of the Income Tax Act. Learn about unexplained cash cred...

August 1, 2024 2973 Views 0 comment Print


Latest Judiciary


Consistency Over Technicalities – ITAT Allows Actuarial Pension Provision & Rejects Mechanical Disallowances

Income Tax : Consistency over technicalities: ITAT Mumbai allowed actuarial pension provision as an ascertained liability, rejected mechanical ...

April 24, 2026 201 Views 0 comment Print

Extended Limitation u/s 73(1) proviso of Finance Act was not invokable without wilful suppression

Service Tax : Extended period of limitation could not be invoked in the absence of fraud, suppression or wilful misstatement with intent to evad...

April 23, 2026 156 Views 0 comment Print

Custodian Not Liable Under Customs Law for Absence of Seal Tampering Evidence

Custom Duty : The case addressed whether a custodian could be held liable for duty when container contents differed from declared goods. The Tri...

April 18, 2026 171 Views 0 comment Print

80P Deduction Allowed on Bank Interest – Bang ITAT Follows Karnataka HC, Distinguishes Totgars

Income Tax : ITAT Bangalore held that interest on bank deposits from operational funds of a co-operative credit society is eligible for deducti...

April 18, 2026 279 Views 0 comment Print

Section 271(1)(c) Penalty Upheld Due to Non-Bona Fide Claims & Failure to Disclose Income

Income Tax : The Tribunal held that omission of taxable foreign exchange gain in the return attracts penalty. It noted that disclosure during a...

April 10, 2026 153 Views 0 comment Print


Section 14A Disallowance Capped at Exempt, Income Principal Loan Write-off to Wholly-Owned Subsidiary Allowed as Bad Debt: ITAT Mumbai

February 5, 2026 240 Views 0 comment Print

The Tribunal affirmed restricting Section 14A disallowance to the actual exempt income earned. It also held the Finance Act, 2022 explanation to be prospective, protecting taxpayers for earlier years.

Extrapolation of Unrecorded Sales Without Incriminating Material Invalid: ITAT Chandigarh

February 3, 2026 639 Views 0 comment Print

Relying on precedents including rulings of the Delhi High Court, the Tribunal held that extrapolation across years is impermissible. The addition was struck down as being based on assumption rather than evidence.

Unaccounted Liquor Sales—Profit to Be Estimated, Not Gross Receipts Taxed: ITAT Chandigarh

February 3, 2026 645 Views 0 comment Print

The Tribunal held that once business receipts are taxed on an estimated basis, separate additions for payments and assets from the same receipts are impermissible. Only a net-profit estimation was sustained, deleting multiple cascading additions.

Cash Seizure Addition Deleted After Books Were Updated and Verified

February 3, 2026 324 Views 0 comment Print

Where updated cash books explained the cash found and no defects were pointed out, additions under section 69A were held unsustainable. Substantiation with regular books prevailed over search-time snapshots.

Section 43B Claim Rejected as Deemed Payment Theory Disallowed

February 2, 2026 678 Views 0 comment Print

The assessee relied on deemed payment after transferring employee dues to another entity. The Tribunal ruled that section 43B recognises only real payment and set aside the relief granted by the appellate authority.

Section 263 Cannot Be Invoked Where AO’s View on deduction Is Plausible: ITAT Pune

February 2, 2026 996 Views 0 comment Print

The issue was whether revision under section 263 could be invoked when the Assessing Officer had accepted a legally possible view. The Tribunal held that where two views exist and the AO adopts one, the order is neither erroneous nor prejudicial.

ITAT Delhi Quashes Reopening Beyond Six Years After Search

February 2, 2026 477 Views 0 comment Print

The Tribunal held that search-based reassessments issued beyond six assessment years are barred by limitation. Revenue appeals were dismissed as the statutory time limits could not be extended.

Interest on Land Acquisition Not Taxable When AO Took a Plausible View

January 31, 2026 1215 Views 0 comment Print

The ITAT ruled that taxing section 28 interest as income from other sources through rectification was invalid. Where the issue is debatable and supported by binding precedent, section 154 cannot be invoked.

Revision u/s 263 Quashed: AO’s Plausible View on 80P Deduction Cannot Be Substituted by PCIT

January 31, 2026 342 Views 0 comment Print

The tribunal held that revision under Section 263 is invalid where the Assessing Officer has examined the issue and adopted a plausible legal view. The PCIT cannot substitute his opinion merely because another interpretation is possible.

No Addition Solely on Difference Between Service Tax Data & Books: ITAT Delhi

January 27, 2026 546 Views 0 comment Print

It was ruled that under-reported revenue cannot be inferred solely from service tax data when no defects are found in regularly maintained books. Income must be assessed on real income principles supported by enquiry and evidence.

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