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Judiciary

Compounding Fees for Unauthorized Construction not allowable: ITAT Bangalore

November 16, 2025 999 Views 0 comment Print

Tribunal upholds disallowance of ₹76 lakh paid for regularizing building deviations, ruling such compounding fees are penalties under Section 37(1) and not deductible.

Section 11(3) Amendments Prospective; Pre-2022 Use Not Taxable: ITAT Delhi

November 16, 2025 873 Views 0 comment Print

Tribunal ruled that amendments to Section 11(3) of Income Tax Act are prospective. Accumulated charitable funds utilized within permitted 5+1 years cannot be taxed, overturning prior additions.

IBC Moratorium Bars Revenue Appeals: ITAT Mumbai

November 16, 2025 489 Views 0 comment Print

The Tribunal dismissed Revenue appeals for AYs 2006-07 and 2007-08 as the corporate debtor is under CIRP. Section 14(1) moratorium bars all proceedings, ensuring compliance with the Insolvency and Bankruptcy Code.

Ferrite Beads in PCBAs Classifiable as Inductors Due to Functionality: CAAR Mumbai

November 15, 2025 711 Views 0 comment Print

Ferrite beads imported for telecommunication devices were held distinct from ferrite cores and classified as inductors, aligning with HSN definitions and judicial precedents.

Bombay HC condones delay in Filing Form 10B Due to Pandemic Hardship

November 15, 2025 690 Views 0 comment Print

The Court condoned a 31-day delay in filing Form 10B after finding the reasons bona fide and linked to COVID-19 disruptions. It set aside the rejection order and directed reprocessing of the return with exemption benefits.

ITAT Delhi Confirms Deletion: ₹1.90 Cr Was a Loan Given, Not Accommodation Entry Received

November 15, 2025 315 Views 0 comment Print

The AO reopened the assessment relying on external investigation without verifying facts, misclassifying the advance as unexplained income. Tribunal dismissed Revenue appeal and confirmed CIT(A) order.

PF/ESI 36(1)(va) Disallowance under 143(1) Set Aside – ITAT Remands Matter to AO After Accepting Revised Tax Audit Report

November 15, 2025 882 Views 0 comment Print

ITAT Delhi allowed the appeal after noting the CIT(A) ignored a revised Tax Audit Report proving timely PF/ESI payments. Key takeaway: revised audit reports must be considered before confirming disallowances under Section 36(1)(va).

Assessment Remand Without Deciding Validity Objections Declared Improper

November 15, 2025 588 Views 0 comment Print

ITAT Delhi restored the appeal to CIT(A) after the assessee challenged notice issuance beyond limitation and under wrong section. Key takeaway: adherence to correct procedure is crucial in income tax assessments.

ITAT Upholds 40A(3) Despite Genuine Purchases- Cash Payments on Working Days Hit by 40A(3)

November 15, 2025 831 Views 0 comment Print

Disallowances under Section 40A(3) were challenged as cash payments were made on holidays and for labor. Tribunal directs reassessment considering business exigency and genuine transactions.

TDS Credit on Part Payment Allowed Despite Prior Taxation

November 15, 2025 504 Views 0 comment Print

Despite CIT(A) noting missing ITRs, Tribunal allowed TDS credit on the Rs. 1 crore part payment. Decision reinforces that TDS on income already taxed must be recognized and credited.

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