Tribunal upheld CIT(A)’s view that assessments for AYs 2013-14 to 2015-16 fell outside permissible six-year block under Section 153C. Additions made by AO were held time-barred and without jurisdiction.
ITAT Delhi dismissed the Revenue’s appeal, ruling that the assessment under Section 153C was time-barred because the block period must be calculated from the date the Assessing Officer (AO) of the non-searched person received the seized material. The ruling confirms that the date of the original search is irrelevant for non-searched persons.
ITAT Delhi ruled that Section 50C, which allows revaluing property based on circle rates, applies only to the seller in a transfer, not the buyer in a slump sale governed by Section 50B. The Tribunal held that goodwill is depreciable, but its value must be verified by the Departmental Valuation Officer (DVO).
ITAT Delhi deleted a penalty levied under Section 272A(1)(d) against a Non-Resident Indian (NRI) for alleged non-compliance with a Section 142(1) notice.1 The court ruled that service of notice, not mere issuance, is mandatory, and lacking proof of service on the UK resident constituted a reasonable cause for non-compliance.
ITAT Delhi dismissed cross-appeals from the assessee and Revenue, citing the initiation of the Corporate Insolvency Resolution Process (CIRP). The ruling reaffirms that Section 238 of the IBC has an overriding effect on the Income-tax Act, mandating all tax claims be lodged with the Resolution Professional.
ITAT Delhi set aside 43 search assessments involving a business group and its associates, ruling that the mass approvals granted under Section 153D were invalid.1 The Tribunal held that approving 23 draft orders within 24 hours without proper review constitutes a mechanical, non-judicial exercise of power.
Tribunal held that charitable or religious trusts that have surrendered their registration and do not claim benefits under Section 11 are to be taxed at normal slab rates applicable to AOPs, not at the maximum marginal rate. The ruling relied on CBDT Circular No. 320 of 1982.
ITAT Hyderabad held that Transfer Pricing Officer [TPO] doesn’t have jurisdiction to scrutinize the claim of deduction under section 80IA of the Income Tax Act. Accordingly, addition made by AO on account of TP adjustment is not sustainable.
NCLT Prayagraj held that liquidation of Corporate Debtor [Garvit Innovative Promoters Ltd.] in terms of application filed under section 33(2) of the Insolvency and Bankruptcy Code admitted as approved in 7th CoC meeting. Accordingly, the present application is allowed.
ITAT Delhi held that the ₹33.12 crore received by a co-founder to settle disputes and relinquish the right to sue for promised equity is a non-taxable capital receipt. The court ruled the payment wasn’t salary, business income, or capital gains, as the ‘right to sue’ isn’t a transferable capital asset.
