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AO’s Apprehension Not Evidence – Section 50C Inapplicable to Leasehold; Reassessment on Change of Opinion Invalid

September 23, 2025 648 Views 0 comment Print

The ITAT Mumbai has dismissed the revenue’s appeal against Mazagon Dock Shipbuilders Ltd., ruling that a reassessment based on a prior audit note constitutes an invalid “change of opinion” and that Section 50C does not apply to the transfer of leasehold rights.

No Penalty on Estimated Additions for Bogus Purchase: ITAT Mumbai

September 23, 2025 729 Views 0 comment Print

ITAT Mumbai ruled that a penalty cannot be imposed on estimated additions from bogus purchases. Tribunal affirmed that without cogent evidence, estimated profits don’t warrant a penalty.

Mere inadequacy of enquiry by AO cannot justify invoking Section 263

September 23, 2025 720 Views 0 comment Print

The ITAT in Mumbai has quashed a revisionary order under Section 263 of the Income Tax Act against law firm AZB & Partners. The tribunal ruled that the PCIT’s order was not justified, as the Assessing Officer had already conducted a proper enquiry and applied his mind to the issue, making it a “change of opinion,” not a “lack of enquiry.”

Delta’s Code-Share Revenue Exempt Under DTAA: ITAT Mumbai

September 23, 2025 435 Views 0 comment Print

The ITAT Mumbai has ruled that Delta Air Lines’ income from code-sharing agreements with third-party carriers is exempt from tax in India under Article 8 of the India-USA DTAA, as it qualifies as “profits from the operation of aircrafts in international traffic.”

ITAT Mumbai Deletes Rs. 184.75 Cr AMP TP Adjustment in L’Oréal India Case

September 23, 2025 444 Views 0 comment Print

The ITAT Mumbai has deleted a Rs. 184.75 crore transfer pricing adjustment related to advertising and marketing expenses (AMP). The tribunal ruled that these expenses were not an international transaction, aligning with consistent past judgments and emphasizing that the Revenue failed to prove a formal arrangement between the assessee and its Associated Enterprise (AE).

Maintenance First, Tax Next – Windmills Must Stay Operational: Karnataka HC

September 23, 2025 339 Views 0 comment Print

In a pragmatic ruling, the Karnataka High Court has allowed B.V. Sreenivasa Reddy to use a portion of the revenue from his attached windmills to cover maintenance costs, ensuring the assets remain operational to maximize tax recovery for the Income Tax Department.

System Glitch No Excuse- Refund Cannot Be Blocked by CPC Limitations

September 23, 2025 711 Views 0 comment Print

Delhi High Court rules that a tax refund cannot be blocked by system limitations, directing the tax department to issue a manual refund in a demerger case.

No Section 271(1)(c) Penalty on Estimated Bogus Purchases Additions: Bombay HC

September 23, 2025 756 Views 0 comment Print

Bombay High Court confirms tax penalties cannot be imposed solely on additions made through ad hoc estimations, dismissing a revenue appeal against Colo Colour Pvt. Ltd.

Conflicting HC Rulings: ITAT Adopts Assessee-Friendly View on Section 115BBE

September 23, 2025 969 Views 0 comment Print

The ITAT Visakhapatnam has partly allowed the appeal of Vallabhai Patel Kottapalli, an agriculturist, by restricting the tax rate on an unexplained cash deposit to 30% in-stead of 60%.

No Reassessment for 2015–16 If Notice Issued on or After 1st April 2021: Karnataka HC

September 23, 2025 651 Views 0 comment Print

Karnataka High Court has ruled that reassessment notices issued after April 1, 2021 for AY 2015-16 are invalid, following a Supreme Court precedent.

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