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Judiciary

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

September 24, 2025 426 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 5322 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 492 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 402 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 successfully had delays in filing appeals condoned after ITAT held that notices sent to outdated email IDs and old Authorized Representatives justified the delay.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 702 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 2064 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 447 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.

CAAR Delhi Allows Duty Exemption on OLED Display Parts for Laptops & Tablets

September 23, 2025 1059 Views 0 comment Print

The Customs Authority for Advance Rulings (CAAR) in Delhi granted an advance ruling to Samsung Display Noida Pvt. Ltd., affirming that its imported inputs for manufacturing OLED displays for laptops and tablets are eligible for a customs duty exemption. The decision relied on the “part of a part is a part of the whole” principle and a recent CBIC clarification.

Addition based on statement recorded behind back of assessee without affording cross examination cannot be sustained

September 23, 2025 1125 Views 0 comment Print

ITAT Amritsar held that the statements recorded behind the back of the assessee cannot be used for making addition unless and an opportunity to cross examine the witness is allowed. Accordingly, addition towards bogus purchases duly restricted to 1.2%.

Material from internet is not cogent evidence which can justify invocation of section 13

September 23, 2025 585 Views 0 comment Print

Delhi High Court held that AO is required to bring on record cogent evidence to justify the invocation of Section 13 of the Income Tax Act to deny exemption. Notably, material collected from the internet cannot be termed as corroborative piece of evidence. Accordingly, writ of revenue dismissed.

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