Pune ITAT dismissed a firm’s appeal, confirming the PCIT’s order to tax Rs 19.44 lakh in unexplained cash and stock found in a survey under the stringent Section 115BBE.
Challenging a tax notice, Viable Venture Private Limited secured a stay on GST proceedings from the Allahabad High Court regarding a lease deed from before the UPGST Act. The court’s order noted that similar petitions have been entertained, challenging tax liability on pre-GST leases.
The Andhra Pradesh High Court quashed GST assessment orders issued under Section 62 against Pushpa Decors after the required returns were subsequently filed. The court affirmed the assessment is deemed withdrawn under Section 62(2).
The Tribunal ruled that the lease rentals received by Irish residents were exempt from tax in India under Article 8 of the treaty, following precedent on operating leases. The ruling affirms that the DTAA explicitly covers the rental of aircraft (including helicopters) in international traffic.
The Tribunal held that the adjustment made by the CPC disallowing the co-operative society’s Section 80P claim was bad in law for pre-A.Y. 2021-22 years. The ruling confirms that for earlier years, the AO could not summarily deny this deduction through an intimation order.
ITAT Pune ruled that the CPC erred in restricting TDS credit for a cooperative society based on a turnover mismatch in Form 26AS. The difference was due to the same sale being subjected to double TDS under both Section 194-O and Section 194-Q, wrongly inflating the receipts and TDS entries.
The Pune ITAT allowed the assessee’s appeal, confirming that the alleged unexplained investment transaction occurred in the earlier financial year. The ruling emphasizes the Assessing Officer’s duty to verify the correct assessment year before invoking Section 69, as liability must attach to the right period.
ITAT Rajkot deletes a ₹70,000 penalty under Section 271(1)(b) because the notices and order were issued to a deceased individual. The Tribunal held that proceedings initiated against a dead person are void ab initio, emphasizing that legal heirs must be brought on record first.
ITAT Delhi ruled that a valid Tax Residency Certificate (TRC) issued by Mauritius is sufficient proof of residency to claim benefits under the India-Mauritius DTAA. The Tribunal rejected the Revenue’s attempt to deny treaty protection based on vague allegations of the assessee being a paper/shell company.
The ITAT Hyderabad set aside the CIT(A)’s appellate order after finding it contained extensive facts and discussions unrelated to the assessee’s case, signaling non-application of mind. The matter was remanded for a fresh, speaking order after properly appreciating the factual matrix.
