Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ACIT v. Magical Enterprises L.L.P. (2025) 211 ITD 46 (Delhi) (Trib.)

S. 112 : Tax on long term capital gains-Determination of tax in certain cases-Income from other sources-Exemption not claimed-Purchase transaction in earlier year-Cannot be disturbed in subsequent year-Special rate of tax cannot be denied.[S. 10(38), 45, 56]

Sankaranarayanan Ramasubramanian v. ACIT (2025) 211 ITD 155 (Chennai) (Trib.)

S. 90: Double taxation relief-Education cess-Tax rates as prescribed under DTAA would include education cess as well-Adjustment made is directed to be deleted-DTAA-India-USA. [S. 143(1), 154, Art. 2(1)b)(i)&(ii), 10, 11]

Sunil Vishnu Gaikwad. v. ITO (2025) 211 ITD 30 (Mum) (Trib.)

S. 89 : Relief for income-tax-Arrears or advance of salary-One time lumpsum ex-gratia amount in lieu of payments till completion of 63 years of age-Advance salary-Entitled to relief under section 89(1)[S. 17(3(i), 89(1), R. 21A]

Sai Ankur Co-operative Housing Society Ltd. v. ITO (2025) 211 ITD 265 (Mum) (Trib.)

S. 80P : Co-operative societies-Interest income from its investments held with a co-operative bank-Entitle to deduction. [S.80P(2)(d)]

DCIT v. Gulermak TPL Joint Venture. (2025) 211 ITD 349 (Mum) (Trib.)

S.80IA: Industrial undertakings-Enterprises engaged in infrastructure development-Contractor for execution of metro rail project-Not entitle to claim exemption. [S.80IA(4)]

Tiger Research and Conservation Trust. v. ITO (2025) 211 ITD 441 (Nagpur) (Trib.)

S. 80G : Donation-Cancellation of approval-Details of FCRA funds utilization for assessment years 2021-22 to 2023-24 to meet out its objects-Cancellation of registration is set aside. [S.80G(5)]

Bhagwan Mahaveer Jain Relief Trust v. CIT(E) (2025) 211 ITD 454 (Raipur)(Trib.)

S. 80G : Donation-Rejection of application-Violation of natural justice-Matter is remanded back to CIT(E). [S.80G(5)(iv)(B)]

Rotary Charity Trust. v. CIT (2025) 211 ITD 297 (Mum) (Trib.)

S. 80G : Donation-Registration-Mentioning of wrong section-Matter is remanded to the file of CIT(E) with a direction to grant final approval to assessee under clause (iii) to first proviso to section 80G(5), if assessee was otherwise found eligible.[S.80G(5), Form 10AB]

Kailash Ramavatar Goenka. v. ACIT (2025) 211 ITD 317 (Ahd) (Trib.)

S. 69C: Unexplained expenditure-Un accounted cash-Seized material, diary notings-Transfer within group-Taxed in respective entities-Addition is deleted-Unexplained receipts and payments-Estimation of gross receipts-CIT(A) is justified in adopting a profit rate of 30 per cent on total receipts, based on principle of taxing real income.

DCIT v. Triton Hotels and Resorts (P.) Ltd. (2025) 211 ITD 1 (Mum) (Trib.)

S. 69C: Unexplained expenditure-Search and seizure-Seized document was found from third party premises-Addition is deleted-Payment to travel agent-Payment received on the basis of rooms booked-Addition is deleted. [S. 132]