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Judiciary

Entry-Provider Tag Not Enough Reason: ITAT Upholds Deletion of Unexplained Share Capital Addition

October 10, 2025 339 Views 0 comment Print

The ITAT Delhi upheld the deletion of a RS.4 crore addition made under Section 68 against Livros Publishing Pvt. Ltd., ruling that the share application money received through banking channels from a listed NBFC.

Business-Linked Losses: ITAT Confirms Deductibility of Exchange – Difference Derivatives for Exporters

October 10, 2025 594 Views 0 comment Print

The ITAT Delhi dismissed the Revenue’s appeal, confirming that losses of Rs.18.6 crore incurred by Fiem Industries Ltd. on target-redemption forward contracts to hedge export receivables were genuine business losses, not speculative transactions under Section 43(5).

Don’t Add Purchases Based on GST Portal Data Alone: ITAT Remands for Full Reconciliation

October 10, 2025 717 Views 0 comment Print

The ITAT ruled against mechanically confirming a large addition under Section 69C, stating that tax authorities must genuinely distinguish between procedural discrepancies and fraudulent inflation. The case was sent back, underscoring that documentary proof is essential before penalizing for purchase differences.

No Retrospective Remand: ITAT Scraps CIT(A)’s Order in Bogus LTCG Case for Wrongly Invoking New Law

October 10, 2025 639 Views 0 comment Print

The ITAT ruled that the CIT(A) cannot set aside a reassessment order framed under Section 147 read with Section 144B, as the limited power to remand only applies to best-judgment assessments under Section 144. The Tribunal sent the penny stock LTCG case back, directing the CIT(A) to decide the appeal strictly on its merits.

Reassessment notice u/s. 148 beyond specified limit is time barred

October 10, 2025 1743 Views 0 comment Print

ITAT Mumbai held that reassessment notice under section 148 of the Income Tax Act beyond time limit of six year is barred by limitation and hence liable to be quashed. Accordingly, appeal allowed and notice quashed.

Reopening u/s 147 quashed – AO’s “fishing enquiry” to investigate offshore receipts not valid formation of belief- Reassessment void where AO reopens only to verify PE/offshore claims

October 9, 2025 747 Views 0 comment Print

The ITAT Delhi invalidated the reassessment proceedings against Huawei International, a Singapore resident, for AY 2014-15. The Tribunal ruled that the AO’s attempt to investigate offshore software receipts, based merely.

Revision u/s. 263 not justifiable as AO took most plausible view

October 9, 2025 378 Views 0 comment Print

ITAT Mumbai held that revisionary proceeding under section 263 of the Income Tax Act not justifiable when AO has taken most plausible view. Accordingly, appeal is allowed to that extent.

Even idle business needs guards – Tribunal permits security expense though no turnover

October 9, 2025 441 Views 0 comment Print

ITAT Delhi ruled that a consultancy company with zero turnover could deduct necessary expenses, allowing the full Rs.8.66 lakh security charge as an establishment cost.

ITAT Delhi remands ₹16.10 Cr unsecured – loan issue for verification; consequential interest disallowance also to be re-examined – CIT(A) erred in bypassing remand report

October 9, 2025 402 Views 0 comment Print

The ITAT Delhi set aside the CIT(A)’s order deleting a Rs.16.10 Cr unsecured loan addition against Nitin Garg, remanding the issue to the AO. The Tribunal found the CIT(A) erred by not requesting a remand report to verify the lender’s creditworthiness and the source of funds, despite the assessee’s non-compliance during assessment.

SC Affirms: Stock Discrepancies Require GST Assessment, Not Confiscation

October 9, 2025 2046 Views 0 comment Print

Supreme Court dismisses Revenue’s SLP, ruling that stock discrepancies found during a registered dealer’s survey must be addressed via GST Sections 73/74, not Section 130.

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