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Judiciary

JDA Not a Transfer Without Consideration & Possession : Capital Gains Addition Deleted

December 6, 2025 1515 Views 0 comment Print

The Tribunal found that the JDA did not satisfy the statutory requirements of section 53A since possession was given only for limited development and no consideration was paid. Consequently, no transfer occurred under section 2(47), and capital gains could not be taxed for that year. The addition of ₹3,65,904 was directed to be deleted.

Donation in accordance with object of the trust cannot be disallowed

December 6, 2025 312 Views 0 comment Print

ITAT Delhi held that rebate and concession in fees to poor student claimed as donation is in accordance with object of the trust and hence deletion of disallowance of donation by CIT(A) is justifiable. Accordingly, appeal of revenue dismissed.

An order accepting bond u/s. 88 of CrPC from accused doesn’t amount to grant of bail

December 6, 2025 441 Views 0 comment Print

Tripura High Court held that an order accepting bond under section 88 of the Code of Criminal Procedure [CrPC]from the accused doesn’t amount to a grant of bail. Accordingly, the present bail application is disposed of.

ITAT Upholds Genuine LTCG Claim Despite Alleged Accommodation Entries

December 6, 2025 675 Views 0 comment Print

ITAT Delhi held that the addition of Rs. 73,99,475 as LTCG under Section 10(38) was unjustified, as the assessee provided complete evidence and no direct link to alleged bogus transactions was established.

Offshore Supply Non-Taxable as No PE Was Proven in India: ITAT Delhi

December 6, 2025 501 Views 0 comment Print

The Tribunal ruled that offshore supply receipts could not be taxed as the Revenue failed to establish any Permanent Establishment. It confirms that FOB-based offshore execution shields non-residents from Indian taxation.

ITAT Chennai Limits Bogus Purchase Addition to 10% Profit, Upheld 153C Satisfaction

December 6, 2025 690 Views 0 comment Print

Tribunal upheld 153C jurisdiction based on seized documents and statements, but rejected the AO’s full bogus-purchase addition, sustaining only a 10% profit estimation after book rejection under section 145(3).

Bombay HC Reiterates Bar on Negative ITC Blocking under Rule 86A

December 6, 2025 885 Views 0 comment Print

The Court held that the negative blocking of Input Tax Credit under Rule 86A CGST was ultra vires, directing authorities to restore ₹5.56 lakh ITC within 15 days, reaffirming taxpayer rights.

₹3.49 Cr Addition Deleted as Demonetisation Cash Deposits Matched Recorded Sales

December 6, 2025 948 Views 0 comment Print

The Tribunal held that cash deposits were fully supported by stock records and sales invoices, proving they were genuine business receipts. It ruled that Section 68 cannot apply to recorded turnover already taxed.

Tax Slab Benefit Allowed Because Trust Not Liable for Maximum Marginal Rate

December 6, 2025 1680 Views 0 comment Print

ITAT held that charitable trusts without member-wise income shares cannot be taxed at 30% MMR. Tax must be applied at normal slab rates per CBDT Circular 320.

SC allows GST Exemption as Hostel Use Qualifies as Residential Dwelling

December 5, 2025 6921 Views 0 comment Print

The Court held that leasing a residential building used as a hostel for students and professionals falls within “renting of residential dwelling for use as residence.” It ruled that GST exemption applies even if the lessee does not personally reside there.

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