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Judiciary

Donor’s Written Direction Not Mandatory for Corpus Donations: Karnataka HC

October 7, 2025 2076 Views 0 comment Print

Dakshina Kannada Sanathana Dharma Sangha vs ITO: High Court applies the Ramakrishna Seva Ashrama test, directing the AO to verify oral intent for corpus contributions.

Services to overseas group entities not “FTS” under Section 9(1)(vii) & DTAA: Karnataka HC

October 7, 2025 549 Views 0 comment Print

Karnataka High Court rules payments by Goldman Sachs India to its overseas affiliates for shared services are non-taxable reimbursements, not Fees for Technical Services (FTS).

ITAT Mumbai Deletes ₹116.5 Cr Share Premium/Capital Addition, Slams DCIT for Incomplete Inquiry

October 7, 2025 1224 Views 0 comment Print

Read the ITAT’s order on the validity of share capital additions under the pre-amendment Section 68 for AY 2012-13. The ruling confirms that the Revenue must conduct thorough inquiries beyond mere non-service of summons to creditors.

Delhi HC Upholds Reopening Based on ‘Yes, I Am Convinced’ Approval

October 7, 2025 996 Views 0 comment Print

Delhi High Court upheld reassessment for Agroha Fincap, ruling that the sanction “Yes, I am convinced it is a fit case” meets Section 151 requirements, rejecting the ITAT’s finding of mechanical approval.

ITSC Applications Filed Before 31 March 2021 to Be Treated as Pending

October 7, 2025 423 Views 0 comment Print

Delhi High Court rules ITSC applications filed until March 31, 2021, are valid and must be treated as pending. Retrospective cut-off of February 1, 2021, is arbitrary, violating Article 14.

Faceless AO Ignored Evidence of Family Funding – Tribunal Restores Justice for Homemaker

October 7, 2025 384 Views 0 comment Print

Judicial ruling confirms that investment source for property purchased by a homemaker was genuine. The ITAT found that the entire consideration had a clear trail from the son’s account, reversing the mechanical addition made by lower authorities.

Additions u/s 2(22)(e) & 68 Deleted – Payments Held Against Salary & Refund from Broker

October 7, 2025 486 Views 0 comment Print

Learn why the ITAT quashed the deemed dividend addition. The Tribunal found the payment was a salary adjustment, not a loan, and the AO failed to disprove the source of the cash credit.

Addition u/s 68 on Alleged Bogus Sales Deleted – Tribunal Holds Double Taxation Unjustified

October 7, 2025 789 Views 0 comment Print

The ITAT Mumbai deleted a ₹19 lakh addition u/s 68, ruling that taxing receipts already included in a company’s sales turnover constitutes double taxation. Addition was based on insufficient evidence.

Penalty u/s 271(1)(c) for Disallowed Bad Debts – Tribunal Upholds Deletion by CIT(A)

October 7, 2025 537 Views 0 comment Print

The ITAT Mumbai deleted a ₹2.30 crore penalty u/s 271(1)(c) imposed on World Series Hockey Pvt Ltd, ruling that a disallowance of a bad debts claim made in good faith does not attract penalty.

Principles of natural justice prevail – ITAT directs fresh hearing in penny stock commission case

October 7, 2025 306 Views 0 comment Print

ITAT Mumbai ruled that denying effective cross-examination of key witnesses, like R.K. Kedia, violated natural justice, vitiating the income tax assessment in a bogus long-term capital gains (LTCG) commission case.

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