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Judiciary

80M deduction & GST refund mismatch: CPC Cannot Make Debatable 143(1) Adjustments

October 4, 2025 360 Views 0 comment Print

Delhi ITAT rules that disallowance of Section 80M deduction and GST refund mismatches are debatable issues, falling outside limited jurisdiction of Section 143(1). Intimation against Coforge Ltd. quashed for being ultra vires and violating natural justice.

ITAT Delhi Partly Allows Jeweller’s Appeal: ₹50 Lakh Bogus Sale Addition Upheld

October 4, 2025 363 Views 0 comment Print

Delhi ITAT upholds the ₹50 Lakh bogus sale addition against a jeweller, finding no proof of bullion transport and confirming the buyer was an entry operator.

Shell Companies Can’t Lend Crores: ITAT Confirms ₹14.69 Cr Cash Credit Addition

October 4, 2025 3450 Views 0 comment Print

Delhi ITAT sustained a Rs.14.69 Cr unexplained loan addition under Section 68 against Alvin Reality, ruling that companies with less than Rs.2,000 in income and minimal reserves cannot be deemed creditworthy to advance multi-crore loans.

No Fixed Place, Service PE or DAPE: ITAT Delhi Holds No PE in India, Profit Attribution Quashed

October 4, 2025 726 Views 0 comment Print

Following SC’s E-Funds ruling, Delhi ITAT confirmed Concentrix US has no PE in India. The Tribunal also held that IPLC/link charges are non-taxable reimbursements, not ‘royalty’ under Article 12 of the India-US DTAA.

Journal Entries Not Cash Credits, ₹10.51 Cr Addition Deleted by ITAT Delhi

October 4, 2025 1059 Views 0 comment Print

The ITAT Delhi ruled that Section 68 (unexplained cash credits) cannot be invoked against journal entry adjustments where no cash or equivalent funds flowed into the assessee’s account. The ₹10.51 Cr addition was deleted.

Bogus Purchase Addition of ₹3.82 Cr Unsustainable Without Rejecting Books

October 4, 2025 657 Views 0 comment Print

Delhi ITAT confirms that an AO cannot disallow purchases of Rs.3.82 Cr as bogus (Adventure Resorts And Cruises Pvt. Ltd.) without rejecting the books of accounts under Section 145.

ITAT Delhi Quashes Assessment as Section 143(2) Notice Sent to Wrong Address

October 4, 2025 654 Views 0 comment Print

ITAT Delhi quashes the assessment for Carissa Investment Pvt. Ltd., holding that an AO who ignores a previously accepted correct address forfeits the presumption of valid service.

Addition applying provisions of section 50C upheld as SRO rates not objected by assessee

October 4, 2025 459 Views 0 comment Print

ITAT Visakhapatnam held that addition made by application of provisions of section 50C of the Income Tax Act justifiable since SRO rates rightly adopted in absence of any objection from assessee company.

Section 13 provisions cannot be invoked at time of granting registration u/s. 12A

October 4, 2025 516 Views 0 comment Print

Gujarat High Court held that provisions of Section 13 of the Income Tax Act can be invoked only at the time of assessment and not at the time of grant of registration under Section 12A of the Act. Accordingly, writ disposed as devoid of merits.

Delay of 29 days in filing Form No. 10B condoned as denial of exemption u/s. 11 will cause genuine hardship

October 4, 2025 582 Views 0 comment Print

Bombay High Court held that denial of exemption under section 11 of the Income Tax Act for delay of mere 29 days in filing of Form No. 10B is not justifiable since denial of exemption is likely to cause genuine hardship to the Charitable Trust.

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