Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Hemani Industries Ltd. v. PCIT (2025) 214 ITD 520 (Mum) (Trib.)

S. 80G: Donation-Corporate Social Responsibility (CSR) funds-Eligible for deduction.

Akshat Education and Charitable Trust. v. CIT (2025) 214 ITD 483 (Ahd) (Trib.)

S. 80G: Donation-Rejection of application-Claimed exemption in earlier years-Claiming exemption in prior years does not debar a trust from seeking approval under section 80G(5)-Rejection order was quashed. [S.11, 80G(5)(iv)(B)]

Atyant Capital India Fund-I. v. ADIT, IT (2025) 214 ITD 431 (Mum) (Trib.)

S. 74: Losses-Capital gains-Tax resident of Mauritius-Sale of shares acquired before 01.04.2017-Grandfathered sale-Non-grandfathered sale-Both transactions were distinct; assessee was entitled to claim carry forward of long-term capital loss to subsequent years-Dividend income can’t be adjusted against long-term capital loss carried forward. DTAA-India-Mauritius.[S.56, 90, 245R, Art, 13 (4)]

Minesh Bipinbhai Patel. v. DCIT (2025) 214 ITD 285 (Ahd) (Trib.)

S. 69C: Unexplained expenditure-Renovation of residential house-Addition was to be restricted to 25 per cent of the net differential between accounted payments and estimated gross renovation cost.

DCIT v. Saarrthi Reality and Infra LLP (2025) 214 ITD 27 (Mum) (Trib)

S. 69C: Unexplained expenditure-Brokerage payment-Loose paper-Recovered from the partner of the firm-Order of CIT(A) deleting the addition was affirmed. [S. 132,153C]

ITO v. Harsha Asheshbhai Patel. (2025) 214 ITD 502 (Ahd) (Trib.)

S. 69A : Unexplained money-Accommodation entries-long-term capital gains-Accommodation entries-Penny stock-Reassessment was affirmed-Addition was deleted on merits. [S.10(38), 45, 147, 148]

DCIT v. Saarrthi Reality and Infra LLP (2025) 214 ITD 27 (Mum) (Trib)

S. 69A: Unexplained money-On money-Sale of flats-Uncorroborated document-WhatsApp chat-No independent supporting evidence-Order of CIT(A) deleting the addition was affirmed.[S. 43CA, 153C]

ITO v. Rajeshkumar Rameshchandra Shah. (2025) 214 ITD 725 (Ahd) (Trib.)

S. 68: Cash credits-Cash deposits-Demonetization-Proved sales with VAT returns, stock records, supplier confirmations-Books of account not rejected-Addition was deleted. [S. 145(3)]

Smt. Ramanandi Anangpuria Charitable Trust. v. DCIT (2025) 214 ITD 574 (Chd) (Trib.)

S. 68: Cash credits-Unsecured loan-Additional evidence –Interest paid to related parties-Denial of exemption-Matter remanded to the Assessing officer-corpus without written direction from donor, same would not qualify as corpus under section 11(1)(d).[S.11(1)(d), 13, ITAT R. 29]

Winsher Vinimay (P.) Ltd. v. ITO (2025) 214 ITD 328/125 ITR 219 (Kol) (Trib.)

S. 68: Cash credits-Share capital-Share premium-Equity shares of Rs 10 each-Premium of Rs 990 per share –Summons not complied with-Failure to establish creditworthiness-Addition made by the Assessing Officer was affirmed. [S.131]