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Judiciary

12AA Registration Cannot Be Denied to Ancient Temple for Non-Filing of Trust Deed

August 15, 2025 897 Views 0 comment Print

Learn why an ancient temple in Andhra Pradesh received ITAT registration despite not having a trust deed, setting a precedent for similar religious institutions.

Overseas Donations Clause Threatens 12AB & 80G Renewal: ITAT Mumbai

August 15, 2025 606 Views 0 comment Print

Find out why an Indian trust’s tax exemption and 80G registration were jeopardized over a clause allowing foreign donations, despite no funds being used abroad.

15% Accumulation for Charitable Trusts under Section 11(1)(a) is Unconditional

August 15, 2025 1380 Views 0 comment Print

 ITAT Bangalore grants a trust unconditional 15% accumulation under Section 11(1)(a), while remanding the issue of additional accumulation for fresh consideration by the AO.

AO Cannot Replace DCF Valuation with Own Estimate in Share Premium Case

August 15, 2025 858 Views 0 comment Print

TAT Mumbai holds that under Section 56(2)(viib), an assessee may adopt DCF or NAV method, and AO cannot substitute valuation with own estimate.

ITAT Mumbai Rejects LTCG Exemption Claim on Penny Stocks

August 15, 2025 846 Views 0 comment Print

ITAT Mumbai upheld addition of ₹84.79 lakh as unexplained cash credit, rejecting Section 10(38) LTCG claim on penny stocks in Chitra Mehta’s case.

GST Parallel Proceedings: SC Says Summons not Trigger Section 6(2)(b) Bar

August 15, 2025 5088 Views 0 comment Print

The Supreme Court clarifies Section 6(2)(b) of the CGST Act, ruling that a summons is not a “proceeding” and defining “same subject matter” to prevent parallel investigations.

CGST Provisional Attachment Not Renewable After 1 Year: SC

August 15, 2025 4524 Views 0 comment Print

The Supreme Court of India ruled that a provisional attachment order under Section 83 of the CGST Act cannot be re-issued or renewed after its one-year validity period expires.

Reopening u/s. 148 quashed as based on mechanical approval u/s. 151

August 15, 2025 879 Views 0 comment Print

ITAT Delhi held that approval granted under section 151 of the Income Tax Act in mechanical manner without application of mind hence reopening of assessment based on such mechanical order is liable to be quashed.

No disallowance u/s. 14A in absence of any exempt income

August 15, 2025 420 Views 0 comment Print

ITAT Delhi held that revisionary order passed under section 263 of the Income Tax Act is liable to be quashed as no disallowance under section 14A of the Income Tax Act is permissible if no exempt income is earned. Accordingly, appeal allowed.

Reopening u/s. 148 based on wrong facts is not sustainable: ITAT Chandigarh

August 15, 2025 486 Views 0 comment Print

ITAT Chandigarh held that foundation of reopening of assessment under section 148 of the Income Tax Act based on wrong facts is not justifiable. Hence, reopening of assessment is liable to be quashed.

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