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Judiciary

Investments Accepted in Earlier Scrutiny Cannot Be Treated as Bogus u/s 68 on Sale

November 23, 2025 516 Views 0 comment Print

Ramchandra Ingot India Private Limited Vs DCIT (ITAT Kolkata) Investments Accepted in Earlier Scrutiny Cannot Be Treated as Bogus u/s 68 on Sale—5% Profit Estimation by CIT(A) Deleted; The assessee and the Revenue filed twelve cross-appeals for AYs 2016-17 to 2021-22 against separate orders of CIT(A)-27, Kolkata. The central dispute arose from additions made u/s […]

Alibaba Subscription Fees Not FTS, Platform Is Mere Standard Facility: ITAT Mumbai

November 23, 2025 432 Views 0 comment Print

ITAT held that subscription fees received by a global e-commerce platform from Indian customers are not taxable as Fee for Technical Services (FTS). Standard automated digital facilities without human intervention cannot be treated as FTS under Section 9(1)(vii) and India–Singapore DTAA.

ITAT Mumbai condones 4,855-Day Delay Due to Non-Service of Appellate Order

November 23, 2025 660 Views 0 comment Print

Tribunal highlighted that short-term and long-term capital gains from share sales, under sections 111A and 10(38), were properly taxed, reflecting assessee’s investment intent.

Set-Off of LTCL & STCL Against LTCG Cannot Be Denied Merely Because Tax Rates Differ

November 23, 2025 3432 Views 0 comment Print

ITAT Delhi permits set-off of brought forward long-term and current year short-term capital losses against long-term capital gains, overruling CPC and CIT(A).

Section 14A Disallowance Deleted for Mechanical Application & Lack of AO Satisfaction

November 23, 2025 330 Views 0 comment Print

he ITAT ruled that an automatic ₹56 lakh 14A disallowance was invalid as the AO failed to record specific satisfaction regarding the assessee’s claim. The Tribunal emphasized that generic reasoning cannot replace case-specific analysis.

AIR Additions Without Disclosure Invalid; Assessment Remanded for Fresh Hearing

November 23, 2025 330 Views 0 comment Print

ITAT Mumbai quashed ex-parte assessment based solely on AIR entries, directing AO to provide full details so assessee can respond and defend his position.

Technical Error in Schedule BP Cannot Justify Retaining 143(1) Adjustment 143(3) After Scrutiny

November 23, 2025 609 Views 0 comment Print

Tribunal held that an income tax demand raised due to a technical misentry in return must be rectified. Assessing officer erred by retaining 143(1) demand after scrutiny under 143(3).

Reassessment Orders Quashed for Notices Issued to Deceased Assessee

November 23, 2025 2421 Views 0 comment Print

The Tribunal held that notices and assessment orders in the name of a deceased person have no legal standing, confirming that reassessment requires a living assessee or representative.

Conversion of arrest warrant into bailable warrant is referred to Special/ Larger Bench

November 23, 2025 612 Views 0 comment Print

Rajasthan High Court held that the matter of conversion of arrest warrants issued against accused committing economic offence or heinous offence into bailable warrants is referred to Special/Larger Bench.

Section 68 Cannot Apply to Household Support from Husband: ITAT Hyderabad

November 22, 2025 4350 Views 0 comment Print

The ₹8.49 lakh credited for household expenditure from husband was deleted as non-taxable. The unexplained ₹17.80 lakh in the capital account is sent back to the AO for proper verification and opportunity to furnish evidence.

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