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Judiciary

Only Real Income Taxable; ITAT Mumbai Deletes Addition, Section 11 Denial Academic

December 22, 2025 606 Views 0 comment Print

The Tribunal ruled that a trust reporting a loss cannot be taxed on gross receipts. The addition by the AO was deleted, emphasizing that only net income is relevant for taxation under section 11.

CA’s Non-Cooperation Held Sufficient Cause; Delhi ITAT Condoned 85-Day Delay

December 22, 2025 1257 Views 0 comment Print

The ITAT held that professional lapse by a Chartered Accountant is a sufficient cause, condoning an 85-day delay and restoring the appeal.

Appeal Cannot Be Dismissed for Non-Appearance Without Merits Review: ITAT Chennai

December 22, 2025 315 Views 0 comment Print

The Tribunal ruled that appellate authorities must decide appeals on merits, even if the taxpayer does not appear, reinforcing the mandate of Section 250(6).

Limitation Runs from Date of Knowledge; Cash Deposit Appeal restored

December 22, 2025 525 Views 0 comment Print

The ITAT ruled that appeal limitation must be counted from the date the taxpayer gains knowledge of the order, setting aside dismissal wrongly made on delay grounds.

Section 148 Notice Invalid Because Dispatch Date, Not Signature Date, Determines Issuance

December 22, 2025 786 Views 0 comment Print

The ITAT held that a reassessment notice dispatched after the new law took effect must follow Section 148A, and failure to do so invalidates the entire proceedings.

Consultant Lapse & Health Issues Sufficient Cause: Chennai ITAT Condoned 261-Day Delay

December 22, 2025 348 Views 0 comment Print

The ITAT held that professional negligence and continuous medical problems constitute sufficient cause, condoning a 261-day delay and reviving the appeal.

Section 54F Does Not Prescribe Completion Certificate Condition: ITAT Delhi

December 22, 2025 2193 Views 0 comment Print

The Tribunal held that section 54F does not require submission of a completion certificate. The key takeaway is that actual investment and timely construction, supported by evidence, are decisive.

TDS Credit Cannot Be Denied Merely Because Income Is Taxed in Sister Concern

December 21, 2025 840 Views 0 comment Print

The Tribunal held that once TDS is reflected in Form 26AS and deposited with the government, credit cannot be denied merely on technical grounds.

Satellite Transponder Fees Not Taxable as Royalty Under DTAA Due to Treaty Protection

December 21, 2025 528 Views 0 comment Print

The issue was whether satellite transmission fees constitute royalty in India. The Tribunal held that Article 12 of the DTAA governs and the receipts are not royalty. Domestic law amendments cannot override the treaty.

Late Fee Under Section 234E Quashed Due to Pre-2015 Period

December 21, 2025 411 Views 0 comment Print

The issue was whether late fee could be levied for delayed TDS returns filed before 01.06.2015. The Tribunal held that section 234E is prospective. Late fee demands for earlier years were deleted.

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