Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Kailash Narayan Shridhar. v. DCIT (2025) 214 ITD 547 (Ahd) (Trib.)

S. 143(1)(a): Assessment-Intimation-Prima facie adjustment Leave encashment-CPC, while processing a return under section 143(1) cannot make any adjustment without issuing any prior intimation as contemplated under the first proviso to section 143(1)(a).[S.10(10AA(ii)]

Poonam Sen. v. ITO (2025) 214 ITD 50 (Lucknow) (Trib.)

S. 124: Jurisdiction of Assessing Officers-Reassessment –Notice-Transfer of case-AIR information-Purchase of property-ITO, Bareilly issued notice-Not designated Assessing Officer-Mere mention of a Bareilly address in sale deed could not confer jurisdiction-Notice was quashed as beyond jurisdictional competence and therefore non-est in law-Assessment order was quashed. [S. 124, 144, 147, 148]

Dhara Developers v. ITO (2025) 214 ITD 692 (Ahd) (Trib.)

S.92BA: Transfer pricing-Specified domestic transaction-Arm’s length price-Avoidance of tax-Firm-Partner-Capital contribution from partner-Failure to give comparable-Assessing Officer valued at a lower rate based on cost of construction-Addition was affirmed.

Jignesh Naresh Jariwala. v. Dy. CIT (2025) 214 ITD 585 (Mum) (Trib.)

S.89A: Relief from taxation in income from retirement benefit account maintained by notified country-Denial of relief-Filed Form No. 10EE for assessment year 2022-23-Option exercised therein would continue to apply to all subsequent years-It would not be mandatory for assessee to file said Form afresh for every assessment year to claim relief under section 89A.[R. 21AAA, Form No 10EE]

Kheralu Taluka Primary Teachers Co. Op. Credit Society Niyamit.v. NFAC (2025) 214 ITD 420 (Ahd) (Trib.)

S. 80P: Co-operative societies-Interest from Nationalised banks-Income from other sources-Proportionate expenditure-The matter was remanded to the file of the Assessing Officer for verification. [S. 56, 57, 80P(2)(d)]

Jubilant Food works Ltd. v. ACIT (2025) 214 ITD 361 (Delhi) (Trib.)

S. 80JJAA: Employment of new workmen –Form No.10DA-Filed along with revised return-Report of accountant in Form No. 10DA was available before the Assessing Officer at the time of processing the revised return-Entitled to claim deduction-Matter was remanded for limited verification.[S.139(1), Form No 10DA]

Vijay Tukaram Raundal. v. DCIT (2025) 214 ITD 661 (Pune) (Trib.)

S. 80IB(10) : Housing projects-Delay in completion of project-Additional evidence obtained under RTI Act-Matter was to be remanded to Assessing Officer to decide issue afresh after considering additional evidence and granting due opportunity to assesse.[S.115JC]

SREI Equipment Finance Ltd. v. CIT (Appeals) (2025) 214 ITD 769 (Kol) (Trib.)

S. 80G: Donation-CSR expenditure-Entitled to deduction even if the amount was donated under CSR expenses.[S.37(1), 80G(2)(iiihk), 80G(2) (iiihI), Companies Act, 2013, S.135]

Shree Fofaria Family Charitable Trust. v. CIT (2025) 214 ITD 744 (Ahd) (Trib.)

S. 80G: Donation-Rejection of application-Selection of wrong code-Principles of natural justice-Matter was to be remitted to CIT(E) with direction to consider application as filed under correct clause and consider it afresh on merits. [S.80G(5), Form No 10AB]

Yuva Gayatri Pariwar Trust. v.CIT(E) (2025) 214 ITD 570 (Ahd) (Trib.)

S. 80G : Donation-Welfare trust-38.53% of income was spent on religious activities, exceeding the 5% limit, and it failed to provide evidence of charitable activities like education or health-Rejection of application by CIT(E) was justified.[S.80G(5)(iii)]