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Judiciary

Ancillary Software Services Protected Under DTAA as FTS Conditions Not Met

December 17, 2025 456 Views 0 comment Print

ITAT Mumbai ruled that ancillary software support services did not constitute FTS under the India–Singapore DTAA, deleting a ₹482.77 crore addition due to failure of the make available test.

Search Assessment Limited as Bank Valuation Found Insufficient Evidence

December 17, 2025 243 Views 0 comment Print

Delhi ITAT held that a bank’s valuation report obtained post-search is not incriminating material, restricting unexplained investment addition to a reasonable estimate.

Section 14A disallowance cannot be added back while computing book profits: ITAT Mumbai`

December 17, 2025 531 Views 0 comment Print

The Tribunal held that while section 14A applies to partnership investments, disallowance cannot exceed the amount excluded from total income. Excess Rule 8D disallowance was therefore restricted to the partnership loss.

ACB FIR Quashed Due to Lack of Sanction and Recycled Allegations

December 17, 2025 594 Views 0 comment Print

The Supreme Court held that an FIR based on previously closed complaints and filed without mandatory sanction is an abuse of process and must be quashed.

Failure to Follow 263 Directions Renders Assessment Unsustainable

December 17, 2025 297 Views 0 comment Print

ITAT Delhi held that additions under Section 69C cannot be made if the AO exceeds the scope of directions issued under Section 263, emphasizing procedural compliance.

Technical E-Filing Glitches Accepted as Reasonable Cause for Minor Delay

December 17, 2025 477 Views 0 comment Print

The ITAT condoned a two-day delay caused by OTP and system issues, noting the Revenue’s failure to rebut the explanation. The ruling affirms a pragmatic approach to minor procedural lapses.

Additional Depreciation Granted as Oil Extraction Equals Production

December 17, 2025 276 Views 0 comment Print

The tribunal held that every oil well constitutes an independent undertaking eligible for deduction under section 80IB(9). The key takeaway is that profits of individual wells cannot be clubbed merely because they operate under a single contract.

Transfer Pricing Assessments Quashed as Time-Barred Despite DRP Directions

December 17, 2025 639 Views 0 comment Print

The tribunal held that assessments completed through the DRP mechanism remain subject to the outer time limit prescribed under section 153. The key takeaway is that section 144C does not extend or override statutory limitation periods.

Inadvertent mistake in GSTR-1 return permitted to be amended

December 17, 2025 1086 Views 0 comment Print

Karnataka High Court held that inadvertent mistake committed while filing GSTR-1 return is permitted to be amended since there was no loss of revenue whatsoever to the department post such rectification of error.

Service tax is not leviable on construction of Traffic and Transit Management Centres

December 17, 2025 261 Views 0 comment Print

CESTAT Chennai held that construction of Traffic and Transit Management Centers is covered within the ambit of transport terminal, and hence falls within the exclusion category of definition of taxable services of Works Contract Services, and hence the same is not liable to service tax.

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