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Judiciary

Improvement Cost Allowed as Property Was Semi-Constructed at Purchase

December 11, 2025 768 Views 0 comment Print

The Tribunal held that the assessee proved substantial upgrades to a semi-constructed house using bills and contractor records. It allowed the ₹4.05 crore indexed improvement cost, rejecting the AO’s suspicion-based disallowance.

ITAT Raipur Quashes Assessment as Void Ab Initio for Absence of Mandatory Transfer Order under Section 127

December 11, 2025 1086 Views 0 comment Print

The Tribunal held that the assessment was void because jurisdiction shifted between officers without a mandatory transfer order. It reaffirmed that proceedings without statutory jurisdiction are null and void.

Input Tax Credit Eligible Though Supplier Failed to File GSTR-1: Gauhati HC

December 11, 2025 7611 Views 0 comment Print

ITC cannot be mechanically denied to purchasers even if invoices are missing in GSTR-2B. Key takeaway: the ruling safeguards taxpayers paying GST in good faith.

ITAT Delhi Quashes Additions Made Beyond Limited Scrutiny Scope

December 11, 2025 1074 Views 0 comment Print

The Tribunal held that the AO cannot expand a limited scrutiny into full scrutiny without written approval from the Principal CIT. Additions under Sections 2(22)(e) and 69A were struck down, reaffirming that CBDT instructions are mandatory.

Freight Reimbursements not Taxable as Income: ITAT Deletes Rs. 2.14 Crore Addition

December 11, 2025 495 Views 0 comment Print

The Tribunal held that freight amounts collected and passed on to airlines are mere reimbursements, not income. Only the assessee’s service margin is taxable.

Payment for International Private Leased Circuits not royalty hence disallowance u/s. 40(a)(i) not justified

December 11, 2025 498 Views 0 comment Print

Madras High Court held that payment made for International Private Leased Circuits [IPLC] doesn’t constitute royalty within the expression provided under clause (iva) to Explanation 2 to section 9(1)(vi) of the Income Tax Act. Hence, disallowance u/s. 40(a)(i) of the Income Tax Act not sustained.

Conviction u/s. 7 and 13 of PC Act not sustained as demand of illegal gratification not proved

December 11, 2025 687 Views 0 comment Print

Bombay High Court held that conviction under section 7 and section 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 [PC Act] without cogent evidence to prove demand of illegal gratification cannot be sustained. Accordingly, appeal allowed.

Assessment Under Section 147/144 Struck Down for Not Issuing Section 143(2) Despite Valid Return

December 11, 2025 1029 Views 0 comment Print

The Tribunal found that even a belated return filed in response to a Section 148 notice remains a valid return requiring a 143(2) notice. Because this mandatory notice was never issued, the reassessment order was declared illegal and set aside.

Survey-Based 8% Estimation Cut to 4%: ITAT Ensures Parity With Parents’ Cases

December 11, 2025 270 Views 0 comment Print

ITAT held that the AO’s 8% estimation had no support from comparables or past margins. Applying consistency with earlier family-group cases, profit was fixed at 4% and the unexplained investment addition became academic.

Temple Vazhipadu vs Demonetisation: ITAT Deletes SBN Addition of Rs. 1.45 Lakh

December 11, 2025 312 Views 0 comment Print

The Tribunal held that ₹1.45 lakh in specified notes came from genuine vazhipadu collections and that the authorities wrongly rejected a plausible explanation.

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