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Judiciary

Section 10(34)/(35) Exemption Allowed Despite Sec. 11 Denial: ITAT Mumbai

October 11, 2025 357 Views 0 comment Print

The ITAT reaffirmed that genuine statutory deductions cannot be denied solely due to technical defects or the absence of a specific column in the ITR form. The Tribunal directed the to allow the deductions, including beyond the 10% limit for eligible specified donations.

ITAT Remands Crore Expense Disallowance, Citing Failure to Examine Documentary Evidence

October 11, 2025 222 Views 0 comment Print

The ITAT set aside the crore addition, ruling that lower authorities acted mechanically by rejecting detailed evidence like invoices, bank statements, and vendor confirmations. The Tribunal mandated a remand, emphasizing that suspicion is not a valid basis for disallowance when substantial documentary proof is on record.

Section 194IC Applies to Leasehold Land in JDA, but Developer May Avoid Default if Tax Paid

October 11, 2025 384 Views 0 comment Print

Mumbai ITAT clarified that perpetual leasehold rights are equivalent to ownership for the purpose of a specified agreement” under Section 45(5A)/194-IC, requiring 10% TDS on JDA monetary payments.

ITAT Mumbai upholds penny-stock loss as genuine – Revenue’s addition deleted

October 11, 2025 531 Views 0 comment Print

ITAT Mumbai dismissed the Revenue’s appeal, ruling that a genuine business loss from penny stock trading, supported by contract notes and demat records, cannot be disallowed based solely on a third-party statement or generic investigation report.

ITAT Delhi: Cash of ₹3.11 Cr found in locker is NOT “unexplained” – treated as speculative/business income, Section 69A & 115BBE deleted

October 11, 2025 564 Views 0 comment Print

The ITAT ruled that crore cash found in a locker during a search was not “unexplained money” because the assessee immediately explained the source as accumulated speculative business income and offered it to tax. The Tribunal held that a disclosed source, even if unrecorded, cannot be forcefully converted into unexplained income.

Customs Duty Rate Determined by Entry Inwards at Port, Not Territorial Waters Arrival

October 11, 2025 489 Views 0 comment Print

CESTAT Ahmedabad held that entry inward at respective port shall determine rate of duty applicable. Accordingly, enhanced duty rate of 7.5% applicable in the present case. Thus, appeal of assessee dismissed.

Section 17D assessment under Kerala General Sales Tax Act to be finalized within reasonable time

October 11, 2025 582 Views 0 comment Print

Kerala High Court held that since statute doesn’t provide for any outer time limit, assessment under section 17D of the Kerala General Sales Tax Act, 1963 should be finalized within reasonable period.

AO Can’t Cry ‘SBN Violation’ to Tax Genuine Sales – Demonetisation or Not – Once Sales Are in the Books, You Can’t Tax the Cash Twice

October 11, 2025 789 Views 0 comment Print

The Tribunal ruled that the crore addition, made solely because the assessee’s petrol pump was allegedly unauthorized to accept SBNs, was incorrect. Since the cash deposits were sourced from historical, recorded cash sales accepted by the AO, taxing the deposits again would constitute impermissible double taxation.

Addition upheld by CIT(A) without passing speaking order is not justifiable: Matter restored

October 11, 2025 633 Views 0 comment Print

ITAT Raipur held that addition upheld by CIT(A) without passing a speaking order in the backdrop of documents uploaded by the assessee. Accordingly, matter is restored back to the file of CIT(A) for re-adjudication.

ITAT Delhi delivers a two-fold relief – quashes reassessment as void for lack of jurisdiction & grants full Section 54F exemption even where houses are constructed in son’s name

October 11, 2025 357 Views 0 comment Print

The ITAT quashed the reassessment order as void because the final assessment was completed by an Income Tax Officer (Ward-2) who lacked jurisdiction, while the proceedings were initiated by another officer (Ward-3). The Tribunal, citing the Allahabad High Court, ruled that jurisdiction cannot be waived or conferred by participation.

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