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Judiciary

Half of Purchases Cannot Be Treated as Bogus Without Verification: ITAT Delhi

October 3, 2025 420 Views 0 comment Print

Delhi ITAT rules reassessment valid due to Assessee’s HC undertaking, but deletes Rs. 8.31 Cr addition, finding Revenue failed to prove raw material purchases were bogus.

LTCG from Penny Stock Found Genuine – Suspicion No Substitute for Proof: ITAT Delhi

October 3, 2025 570 Views 0 comment Print

ITAT Delhi dismisses Revenue appeal, holding an investor’s LTCG from stock exchange transactions as genuine, reaffirming “suspicion is not substitute for proof.”

Operating Lease, Not Financial Lease – Aircraft Lease Rentals Not Taxable in India

October 3, 2025 1281 Views 0 comment Print

The ITAT Delhi bench, in a batch of 75 appeals led by Kosi Aviation Leasing Ltd., held that lease rentals received by Irish aircraft lessors from Indian airlines constitute profits from the operation of aircraft (Article 8 of the India-Ireland DTAA), not interest income (Article 11).

Form 26AS Not Final – ITAT Grants TDS Credit to Law Firm despite Deductor’s Default

October 3, 2025 1425 Views 0 comment Print

ITAT Mumbai rules Section 205 protects taxpayers. TDS credit cannot be denied due to Form 26AS mismatch caused by deductor’s default or non-deposit.

High Interest Paid to Lenders a Commercial Decision, Not Ground for Section 263 Action

October 3, 2025 276 Views 0 comment Print

ITAT quashes PCIT’s Sec 263 order; rules AO made detailed inquiry into unsecured loans, rejecting PCIT’s view that inadequacy of inquiry justifies revision.

TDS Credit Cannot Be Denied for PAN Mismatch due to deductor error: ITAT Mumbai

October 3, 2025 951 Views 0 comment Print

ITAT Mumbai holds TDS credit follows income, not PAN. Credit cannot be denied due to Form 26AS mismatch if income is taxed in assessee’s hands.

ITAT Delhi Deletes Capitation Fee Additions Against Educational Trust

October 3, 2025 411 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT), Delhi, ruled against the revenue’s additions of unaccounted capitation fees and cash loan interest under Sections 69A and 69C against the Saraswati Ammal Educational & Charitable Trust.

ITAT Mumbai Deletes ₹4.52 Cr TDS Disallowance on Foreign Commissions

October 3, 2025 714 Views 0 comment Print

ITAT quashes Rs..4.52 Cr disallowance; rules foreign agent commission and warehousing charges aren’t taxable FTS in India, thus no TDS under Section 195 required.

ITAT Mumbai Upholds 263 Revision for allowing Tax Deductions without Proper Inquiry

October 3, 2025 315 Views 0 comment Print

Anuh Pharma Ltd. Vs PCIT (ITAT Mumbai) CSR Deduction u/s 80G Disputed -Cooling Tower is Not Automatically Power – ITAT Mumbai Endorses 263 Revision-Lack of Proper Inquiry Fatal – ITAT Confirms PCIT Action Against AO’s Order; ITAT Mumbai upheld revisionary order u/s 263 against assessee, holding that AO failed to conduct proper inquiry into two […]

Addition towards unsecured loan deleted as genuineness proved with documentary evidence

October 3, 2025 438 Views 0 comment Print

ITAT Ahmedabad held that addition towards unsecured loan is liable to be deleted since assessee has duly discharged its onus of proving the genuineness of the unsecured loan with documentary evidences. Accordingly, appeal of the assessee allowed to that extent.

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