Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ACIT v. Intas Pharmaceuticals Ltd. (2025) 236 TTJ 550/ 174 taxmann.com 867 (Ahd)(Trib)

S. 92C: Transfer pricing]-Arm’s length price-Avoidance of tax-International transaction-Not charging interest on late realisations of receivables-Addition made towards notional interest on delayed receivables from AEs is deleted.

Pantheon Infrastructure (P) Ltd. v. DCIT (2025) 236 TTJ 601 (Mum)(Trib)

S.80IA: Industrial undertakings]-Enterprises engaged in infrastructure development-Industrial park-Withdrawal of approval by CBDT-CBDT could not have on its own motion withdrawn the notification-The communication of Ministry of Commerce which was relied upon by the CBDT for withdrawing the notification has been subsequently clarified by the Ministry of Commerce itself as well as by the High Court-There was no reason for withdrawal of notification-The AO is directed to allow the claim of deduction under S. 80IA(4).[S.80IA(4)(iii), 119]

Shri Umedkumari Mandir Trust v. CIT (E) (2025) 236 TTJ 737/ 175 taxmann.com 406 (Ahd)(Trib)

S. 80G: Donation-Charitable or religious trust]-Registration-Rejection of application-CIT (E)-Failure to deal with the material placed on the record-Order of CIT(E) is set aside.[S.80G(5)]

Priya Kapil Todarwal v. ITO (2025) 236 TTJ 953/ 176 taxmann.com 349 (Mum)(Trib)

S.71: Set off of loss-One head against income from another-Set off of business loss against capital gains-Sub-s. (2) of s. 71 does not provide any particular mode to set off the loss that should be followed-the assessee is entitled to set off the business loss against any head of income, including long-term capital gains.[S.45, 70, 71(2)]

Rahul M. Dalmia v. ITO (2025) 236 TTJ 284 (Mum)(Trib)

S. 69: Unexplained investments-Income from undisclosed sources-Alleged bogus purchases-Vendor appeared before the Assessing Officer]-Produced delivery stock register, detailing the movement of goods-Addition of 25 % of total purchases was deleted. [S. 131]

Shree Ganesh Commodity Brokers v. ITO (2025) 236 TTJ 826 (Delhi) Trib)

S. 68: Cash credits-Amounts not credited in the books of the assessee-loss resulted in an outgo and depletion of funds-Addition was deleted.

ITO v. Arvind Kumar Gupta Through Legal Heir Smt. Uma Gupta (2025) 236 TTJ 482 / 176 taxmann.com 628 (Lucknow)(Trib)

S. 68: Cash credits]-Share transactions]-Long-term capital gains-Share price of KAF Ltd. had been manipulated by seven entities-Dealy was condoned-Matter remanded to the file of the Assessing Officer. [S. 10(38), 45, 254(1)]

DCIT v. Darshan Enterprises (2025) 236 TTJ 22 (Mum)(Trib)

S. 68: Cash credits]-Income chargeable to tax-Revaluation of assets]-Member’s capital account-Revaluation of stock-in-trade in the books of accounts of AOP to recognise its present value does not trigger any tax liability either in the hands of AOP or any of its members-Addition was deleted.[S. 4]

ITO v. Narasimha Reddy Duthala (2025) 236 TTJ 169/ 174 taxmann.com 1073 / [2026] 134 ITR 682 (Hyd) (Trib)

S.54F: Capital gains-Investment in a residential house-Purchase of land]-Construction of house]-Investment within time limit-Gift of property-It is irrelevant whether the assessee has constructed a building on the entire portion of the land or has only utilised a portion of the land for a residential house and kept the remaining land vacant-Eligible for exemption.[S. 45, 139(1)]

Alauddin v. ITO (2025) 236 TTJ 497 (Agra)(Trib)

S. 54: Capital gains-Profit on sale of property used for residence-Buildings or lands appurtenant thereto-Purchase of property consisting of four shops and one room-Presence of a single room at the first floor of the commercial structure does not alter the dominant character of the property as the same is expected to be used for incidental and ancillary activities/for commercial purposes-The investment in the said new property does not qualify for exemption.[S.45]