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ITAT Mumbai Deletes ₹34.65 Cr Loan Addition: Source-of-Source Not Applicable Before AY 2013-14

October 31, 2025 402 Views 0 comment Print

ITAT Mumbai deleted a Rs.34.65 crore addition under Section 68 for unsecured loans, ruling that requirement to prove source of source only applies from A.Y. 2013-14 onwards. Tribunal held that proving the identity, genuineness, and creditworthiness of loan creditors was sufficient for year under appeal.

Reassessment Based on Change of Opinion Invalid – ITAT Delhi Quashes Section 147 Action  

October 31, 2025 942 Views 0 comment Print

The ITAT Delhi ruled that the reassessment was invalid because the issue of setting off prior-year speculative losses was already examined in the original scrutiny assessment. The quashing relied on the “change of opinion” doctrine, as the AO used no new tangible material to reopen the case.

Reassessment Quashed for Invalid Approval Beyond 4 Years from PCIT

October 31, 2025 1683 Views 0 comment Print

ITAT Delhi held that reopening beyond four years requires sanction from the Principal Commissioner or Commissioner. Approval taken from the Joint Commissioner rendered the reassessment invalid.

Continuous Liability Keeps Society Maintenance Dues Within Limitation: Bombay HC

October 31, 2025 1278 Views 0 comment Print

Court held that maintenance charges in a housing society are recurring liabilities, and claims filed within six years remain valid under Section 92 of the Maharashtra Cooperative Societies Act.

Karnataka HC Disposes Writ on AI-Driven ITAT Order After Case Transferred to New Bench

October 31, 2025 810 Views 0 comment Print

The Karnataka High Court disposed of the Buckeye Trust petition after the ITAT President assigned the matter to a new bench, following a High Court order that restrained a Judicial Member involved in an allegedly AI-driven decision from hearing the case.

Penalty Time-Barred When AO’s Satisfaction Recorded Before Notice: ITAT Chennai

October 31, 2025 765 Views 0 comment Print

The ITAT addressed whether a ₹ 28.94 Cr penalty was time-barred, focusing on whether the penalty initiation date starts with the AO’s satisfaction or the Addl. CIT’s notice.

Reassessment invalid as based on ‘reasons to suspect’ rather than ‘reason to believe’

October 31, 2025 462 Views 0 comment Print

ITAT Chandigarh held that reopening of assessment under section 148 of the Income Tax Act merely on the basis of ‘reasons to suspect’ rather than on ‘reason to believe’ is invalid in the eye of law. Held that passive reliance on third-party intelligence would render the reopening invalid as it reflected merely a ‘reason to suspect’.

Writ not entertained as alternative efficacious remedy against final assessment order available

October 31, 2025 255 Views 0 comment Print

Calcutta High Court held that writ petition is not entertained due to availability of alternative efficacious remedy under the provisions of Income Tax Act against the final assessment order. Accordingly, writ petition dismissed.

No security interest created in absence of any registered sale deed

October 31, 2025 645 Views 0 comment Print

NCLAT Chennai held that there would be no Security Interest which could be said to have been created in absence of there being any Registered Sale Deed. Thus, by not registering the MoDT, retention of title deeds of property of Corporate Debtor not justifiable.

License fee paid for use of goodwill is allowable as business expense

October 31, 2025 387 Views 0 comment Print

Delhi High Court held that license fees paid for use of goodwill is allowable as business expenditure. Accordingly, the same is deductible under section 37 of the Income Tax Act. Thus, appeal of revenue dismissed.

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