The Karnataka High Court rejected a Revenue appeal concerning the taxability of Fees for Technical Services (FTS) under the India-USA DTAA due to the tax effect being below the ₹2 Crore threshold set by the CBDT’s latest circular.
Ahmedabad ITAT set aside an ex-parte order confirming ₹1.63 Cr tax additions against a real estate operator, ruling that the CIT(A) failed to consider the assessee’s written submissions and the AO’s Remand Report.
The Ahmedabad ITAT set aside a ₹1 lakh penalty under Section 271BA, ruling that failure to electronically file the Form 3CEB transfer pricing report was a mere technical and procedural default. Crucially, the report was prepared before the search and later physically filed with the Transfer Pricing Officer (TPO).
The Kerala High Court has temporarily halted income tax recovery proceedings against Palode Service Co-Operative Bank Ltd a Primary Agricultural Credit Society. The Kerala High Court stayed income tax recovery proceedings against a Primary Agricultural Credit Society, citing a pending appeal where the core tax issue is allegedly covered by the Supreme Court’s Mavilayi Service Co-Operative Bank judgment.
The ITAT restored a charitable trust’s Section 80G(5) final approval application, ruling that rejection solely due to selecting the wrong sub-clause in the online Form 10AB was an error. The Tribunal held that such a technical mistake is curable and not grounds for outright dismissal.
The Chandigarh ITAT upheld the deletion of a ₹3.18 Crore disallowance under Section 40A(3), ruling that the large cash payment for land purchase was dictated by business expediency due to high mistrust and a prior dispute, despite exceeding the banking limits.
The ITAT dismissed the Revenue’s appeal, affirming that the ₹4.17 Crore TDS penalty order was invalid as it was passed over two years after the expiry of the statutory limitation period (June 30, 2014). This ruling reinforces that the limitation clock starts when the AO initiates the penalty in the assessment order.
The Delhi ITAT quashed a ₹42.10 Crore addition made in a Section 153A assessment, confirming that additions cannot be made to completed assessments without incriminating material seized during the search. The ruling follows the binding Supreme Court precedent in Abhisar Buildwell.
Bombay High Court sets aside a CESTAT order due to a two-year delay between the decision date and pronouncement date. The ruling relies on principles of natural justice and the Supreme Court precedent in Whirlpool Corporation to allow the writ petition.
ITAT Delhi dismissed Revenue’s appeal, upholding CIT(A)’s deletion of addition from a share sale, ruling the transaction genuine as no evidence proved the shares were ‘penny stock’ or rigged.
