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Judiciary

Application u/s. 9 of IBC for CIRP against OSSL Agri Logistics Pvt. Ltd. admitted

October 17, 2025 390 Views 0 comment Print

NCLT Indore held that application under section 9 of the Insolvency and Bankruptcy Code for initiation of Corporate Insolvency Resolution Professional [CIRP] against OSSL Agri Logistics Private Limited [Corporate Debtor] admitted as no pre-existing dispute exists.

1994 Notification Prevails: Land Beyond 5 Km Is Agricultural- No Capital Gains

October 17, 2025 813 Views 0 comment Print

ITAT Delhi rules in Mahabir vs ITO that the 1994 CBDT notification defines agricultural land limits for capital gains tax. Subsequent municipal expansions are irrelevant. Land 6km from Sohna Municipality was deemed non-taxable.

ITAT Quashes 4 Years of Assessments: Mechanical Sanction and Vague Reasons Vitiate Jurisdiction

October 17, 2025 603 Views 0 comment Print

The Tribunal nullified four assessment years (AY 2013-14, 2014-15, 2018-19, 2021-22) due to serious legal defects, including unsigned/mechanical approvals and non-supply of mandatory sanction and underlying material. This ruling emphasizes that defective procedure is fatal to both reopening and regular assessment proceedings.

Paper Companies, Premium Shares & No Verification – ITAT Sends ₹5 Cr Back for Fresh Scrutiny

October 17, 2025 168 Views 0 comment Print

The Income Tax Appellate Tribunal {ITAT} Delhi set aside the CIT{A}’s order, remanding the addition of ₹5 crore under Section 68 back for fresh scrutiny. The issue revolves around Charan Renewable Energy Pvt. Ltd. receiving share capital at a high premium from 13 companies that the Assessing Officer (AO} suspected were paper companies due to unserved statutory notices.

No Incriminating Material, No 153A Additions: ITAT Quashes ₹2.71 Cr

October 17, 2025 297 Views 0 comment Print

The ITAT upheld the deletion of additions made under Section 153A for an unabated assessment year because the Assessing Officer relied solely on entries in the regular books of account. The ruling reaffirmed the Supreme Court’s mandate that no addition is permissible in completed (unabated) assessments without specific, incriminating material seized during the search.

ICDS Adjustment Beyond CPC Powers BUT PF/ESI Disallowance Valid in 143(1): Delhi ITAT

October 17, 2025 396 Views 0 comment Print

Delhi ITAT held that delayed employees’ PF/ESI contributions are disallowable even under section 143(1), citing Supreme Court in Checkmate Services. However, ICDS-based depreciation adjustments exceed CPC powers and were deleted.

When Own Funds Are Huge, Interest Disallowance Fails: ITAT Deletes ₹5.62 Cr Interest  

October 17, 2025 258 Views 0 comment Print

ITAT Delhi held that when an assessee’s own funds far exceed interest-free advances, no disallowance under Section 36(1)(iii) can be made. Interest addition of ₹5.62 crore was deleted, and 14A disallowance was limited to dividend-yielding investments.

Appeal must be filed before ITAT Bench having jurisdiction over AO

October 17, 2025 633 Views 0 comment Print

The ITAT Chennai Bench dismissed an appeal because the Assessing Officer (AO) was located in Hyderabad, violating Rule 4 which dictates ITAT jurisdiction is based on the AO’s office. The ruling affirmed the principle from the Supreme Court that appeals must be filed before the correct jurisdictional ITAT Bench, though it granted the taxpayer liberty to refile properly.

TPO’s 20% Fantasy Margin Rejected – ITAT Removes Wrong Comparables Orders Fresh TP Computation

October 17, 2025 528 Views 0 comment Print

The ITAT ruled on a Transfer Pricing adjustment, holding that companies failing the 75% export filter (MAA Business Solutions) and the Related Party Transaction (RPT) filter (WNS Global) must be excluded from the comparable set for ITES providers. The Tribunal directed a fresh re-computation of the arm’s length price (ALP) after applying correct filters, providing relief to the assessee.

No Exempt Gain, Only Genuine Loss – ITAT Rejects Penny Stock Allegation Allows ₹26.13L Business Loss

October 17, 2025 357 Views 0 comment Print

The ITAT ruled that a claimed business loss on the sale of a scrip, allegedly part of a penny stock syndicate, was genuine and allowable. The ruling emphasized that transactions supported by complete documentation (contract notes, demat, bank statements) and where no tax-exempt capital gain was claimed cannot be disallowed merely based on a general modus operandi or third-party information.

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