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Judiciary

AO Cannot Presume International Transaction Merely Based on High AMP Spend

November 2, 2025 507 Views 0 comment Print

ejecting the Revenue’s approach, the Tribunal held that mere quantum of advertisement or marketing expenses cannot trigger transfer pricing adjustment without demonstrating a direct nexus with a foreign AE.

Section 11 Exemption Cannot Be Denied Merely for Non-Production of 12A Certificate When 80G Proof Exists

November 2, 2025 429 Views 0 comment Print

ITAT Jaipur held that denial of Section 11 exemption solely due to non-furnishing of the registration certificate under Section 12A is invalid where 80G approval exists, since 80G presupposes valid 12AA registration.

ITAT Pune: Profit on Sale of Agricultural Land Not Automatically Business Income – Intent of Purchase Must Be Examined

November 2, 2025 759 Views 0 comment Print

Tribunal ruled that merely selling agricultural land does not make it a business transaction. It directed AO to reassess whether land was held for investment or trade based on intention, frequency and surrounding facts.

Poplar Tree Sale Accepted as Genuine; Section 115BBE Not Applicable: ITAT Dehradun

November 2, 2025 384 Views 0 comment Print

ITAT Dehradun accepted ₹15 lakh from poplar tree sales as explained income and ruled that Section 115BBE applies prospectively from 1 April 2017. Tribunal granted partial relief, deleting major additions made on demonetisation cash deposits.

NCLT Approves Trishul Dream Homes Resolution Plan After NCLAT Direction

November 2, 2025 513 Views 0 comment Print

NCLAT held that the NCLT erred in rejecting a CoC-approved resolution plan, emphasizing that commercial wisdom should prevail absent statutory violations under Section 30(2) of the IBC.

Rajasthan HC Quashes Income Tax Case Transfer for Lack of Hearing

November 2, 2025 258 Views 0 comment Print

The Rajasthan High Court set aside the transfer of an income tax assessment file from Udaipur to New Delhi in the Murliwala Agrotech case, ruling that the mandatory opportunity of hearing under Section 127 of the Income Tax Act cannot be circumvented without recorded reasons.

Partial Loan Disbursement No Bar to Section 7 Proceedings: NCLAT Delhi

November 2, 2025 378 Views 0 comment Print

NCLAT dismissed the appeal, holding that debt and default under Section 7 of the IBC were established despite partial loan disbursement.

ITAT Chennai Remands Case Over Unexplained Cash Deposits for Fresh Hearing

November 2, 2025 204 Views 0 comment Print

Tribunal set aside the CIT(A)’s order confirming addition of ₹15.01 lakh as unexplained cash deposits, directing the authority to give the assessee a fair opportunity to rebut the remand report and produce supporting evidence.

ITAT Chennai Remands Reassessment on Capital Gains & Section 44AD Additions

November 2, 2025 330 Views 0 comment Print

The ITAT restored the ₹1.11 Cr capital gains addition for the sale of alleged agricultural land back to the AO for fresh verification. The matter was sent back due to the assessee’s non-compliance and non-submission of evidence in prior proceedings.

Clerk’s Typo Led to ₹38 Lakh Fake Agri Income – ITAT Pune Sends Case Back for Fresh Verification

November 2, 2025 729 Views 0 comment Print

ITAT Pune set aside an addition of Rs.38.26 lakh, accepting new evidence (affidavits from the assessee and a clerk) that the agricultural income shown in the return was a clerical error. The Tribunal ruled that no person should be taxed on income that never existed and remanded the case to the AO for fresh verification and de novo assessment.

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