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Judiciary

ITAT Ahmedabad Condoned 604-Day Delay, Grants Fresh 12AB Registration Opportunity

September 24, 2025 348 Views 0 comment Print

The ITAT Ahmedabad condoned a 604-day delay and remanded a case for fresh consideration of a public trust’s registration after the CIT(E) cancelled its provisional registration.

Difference of opinion cannot justify Section 263 revision if AO taken Plausible View

September 24, 2025 588 Views 0 comment Print

Relying on Malabar Industrial, Max India, and Gabriel India precedents, ITAT ruled that when two views are possible, PCIT cannot assume jurisdiction. Original assessment for AY 2020-21 was restored.

Gujarat HC Quashes Income Tax reassessment for Ignoring Taxpayer Submissions

September 24, 2025 870 Views 0 comment Print

Gujarat HC set aside an income tax reassessment order after the AO failed to consider the taxpayer’s detailed reply, emphasizing adherence to natural justice principles.

ITAT Delhi Quashes ₹986 Cr Royalty Addition on International Shipping Income

September 24, 2025 378 Views 0 comment Print

The ITAT Delhi has cancelled a Rs.986 crore tax on Tata NYK Shipping, reiterating that international shipping income is exempt under Article 8 of the DTAA, not taxable as royalty.

Multiple Floors Constitute Single Residential House for Section 54F: ITAT Delhi

September 24, 2025 5256 Views 0 comment Print

Tribunal held that different floors of the same residential property cannot be treated as separate houses. Jyoti Jain’s exemption under Section 54F was allowed, clarifying the scope of ‘residential house’ for capital gains exemption.

Mere disallowance does not automatically trigger Section 271(1)(c) penalty: ITAT Ahmedabad

September 24, 2025 435 Views 0 comment Print

In a ruling for Sureshkumar Prabhulal Thakkar, the ITAT Ahmedabad has cancelled a penalty under Section 271(1)(c), stating that an Assessing Officer cannot impose a penalty simply because an expense claim is disallowed.

ITAT Ahmedabad Condones Delay in Filing Appeals Due to Wrong Email Notices

September 24, 2025 375 Views 0 comment Print

Briya Enterprise Ltd. successfully had delays in filing appeals condoned after ITAT held that notices sent to outdated email IDs and old Authorized Representatives justified the delay. Appeals were restored to CIT(A) for fresh decisions on merits.

Section 35(1)(iii) Donation Deduction Cannot Be Denied on Later Withdrawal of Institution Approval

September 24, 2025 591 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) in Mumbai ruled in favor of NND Ambernath LLP, holding that a donation made to an institution with a valid exemption at the time of the transaction cannot be disallowed.

Karnataka HC Quashes Non-Faceless Section 148A Reassessment Notices by Jurisdictional AO

September 24, 2025 1956 Views 0 comment Print

Ramachandra Reddy Vs DCIT: The Karnataka High Court quashes reassessment notices issued by jurisdictional AOs, holding that after the March 29, 2022 notification, all such proceedings must be conducted via the mandatory faceless regime under Section 151A.

Additional evidence admitted by imposing cost due to casual and callous approach

September 23, 2025 435 Views 0 comment Print

ITAT Chandigarh held that additional evidences filed by the assessee deserves to be admitted inspite of casual and callous approach of assessee since the ultimate object of adjudication is to do substantial justice. However, cost of Rs. 3,000/- imposed.

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