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Judiciary

PCIT Cannot Re-open Assessments on Mere Suspicion: ITAT Pune

August 19, 2025 348 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT), Pune, has ruled that a Principal Commissioner of Income Tax (PCIT) cannot invoke Section 263 to revise an assessment based on mere suspicion or audit objections, especially when the Assessing Officer (AO) has conducted a proper inquiry.

CIT(A) cannot dodge legal grounds; Section 250(6) Mandates Speaking Order

August 18, 2025 969 Views 0 comment Print

The ITAT has set aside a tax order, directing the CIT(A) to properly adjudicate all legal grounds raised by a taxpayer instead of remanding the case without a decision.

Profits Cannot be equated with Cash in hand: ITAT Pune

August 18, 2025 405 Views 0 comment Print

The ITAT Pune ruled on the Gousmahammad Anwar Gavandi case, reducing a tax addition on seized cash by accepting cash-in-hand and part of the claimed cash sales.

Gross Receipts of Charitable Trust Cannot be Taxed Merely Due to ITR Filing Errors

August 18, 2025 1230 Views 0 comment Print

An ITAT Pune order protects a charitable trust from being taxed on its gross receipts due to income tax return filing errors. Learn how Section 12AA registration and genuine expenses can shield trusts.

Bogus purchases cannot be treated as unexplained credits: ITAT Pune

August 18, 2025 891 Views 0 comment Print

Pune ITAT rules that a charitable trust’s alleged bogus purchases cannot be treated as unexplained credits and deletes the tax addition due to lack of cross-examination.

ITAT Cuttack Quashes 271D, 271E Penalties for Lack of Recorded Satisfaction

August 18, 2025 5046 Views 0 comment Print

Cuttack ITAT cancels penalties under sections 271D and 271E, ruling that the Assessing Officer must record satisfaction in the assessment order before initiating penalty proceedings.

Allowability of use of Extrapolated Data for comparables inspite of having different year-end in ITeS transfer pricing dispute

August 18, 2025 483 Views 0 comment Print

While computing arm’s length price (ALP), it is required both the tested party and the comparable should have similar financial year endings for proper analysis of the functions performed, assets employed and risks assumed.

Pre-deposit amount reduced in matter of imported components being E-Rikshaw

August 18, 2025 327 Views 0 comment Print

Delhi High Court reduced the pre-deposit amount bearing in mind the financial constraints and held that the question as to whether the imported components constituted E-Rikshaw themselves shall also be adjudicated by the CESTAT. Accordingly, writ disposed of.

Proceedings u/s. 144C has to be concluded within limitation prescribed u/s. 153(3)

August 18, 2025 468 Views 0 comment Print

In the present cases, the respondents in the first batch of cases being non-resident assessees engaged in the business of exploration in terms of Section 44BB of the Income Tax Act, 1961, are eligible assessees within the meaning of Section 144C.

Limitation for 271D/271E Penalty Runs from AO’s Satisfaction, Not JCIT Notice

August 18, 2025 1656 Views 0 comment Print

The Mumbai Income Tax Appellate Tribunal quashes penalties for being time-barred and invalidates a reassessment notice, clarifying key tax law provisions on limitation and sanctioning authority.

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