Category: Income Tax

  AO was not competent in valuing the share premium amount as he is not an expert to do the job – ITAT In a recent judgment, ITAT Calcutta has deleted addition made by the AO by calculating fair market value of shares premium by applying the NAV …

Under Dayabhag law there is nothing to prevent Bengalis to be in Hindu Joint Family (HUF) In a recent judgment, ITAT has held that Bengali have right to be in Hindu Joint Family (HUF) against the Assessing Officer (AO) holding that under Dayabhag law there is no concept …

There is no presumption of accuracy or truthfulness of any loose sheet found in search premises of a third party – ITAT In a recent judgment, ITAT has held that presumption u/s 132(4A) r.w.s. 292C is applicable only in case of searched person and cannot be raised against …

CBDT has issued 23 FAQs on transition provisions under Section 536 of the Income-tax Act, 2025  CBDT has issued 23 Frequently asked questions (FAQs) on Transition Provisions under Section 536 of the Income-tax Act, 2025 (Repeals and Savings). The FAQs are as under: A. Summons & Notices Q1. …

Respondent assesse, under Rule 27 not entitled to raise a ground which would work adversely to the appellant Revenue – ITAT In a recent judgment, ITAT Lucknow has held that the respondent assesse, under Rule 27 is not entitled to raise a ground which would work adversely to …

CBDT condones delay in filing Form No. 10AB furnished electronically between 01.10.2025 to 31.03.2026. CBDT has condoned the delay in filing Form No. 10AB electronically for approval under clause (ii) of the first proviso to section 80G(5) of the Income-tax Act, 1961 Section 80G of the Income-tax Act, …

Requirement for filing Form 67 for claiming Foreign Tax Credit (FTC) is only directory and not mandatory – ITAT In a recent judgment, ITAT Allahabad has reiterated that requirement for filing Form 67 for claiming Foreign Tax Credit (FTC) is only directory and not mandatory, recourse to provisions …

Limitation for invoking revisional jurisdiction u/s 263 with respect to issues not covered in re-assessment would start from the original Assessment Order – ITAT In a recent judgment, ITAT has held that limitation for PCIT to invoke revisionary jurisdiction u/s 263 of the Income Tax Act, 1961 (the …

AO not justified in rejecting registered valuer’s report without making a reference to the DVO – ITAT In a recent judgment, ITAT has held that AO was not justified in rejecting the registered valuer’s report and taking the cost of improvement as Nil, without making a reference to …

Assessee was not liable to withhold tax at source u/s 40(a)(i) on cost-to-cost reimbursement made to parent company In a recent judgment, ITAT has held that the assessee was not liable to withhold tax at source u/s 40(a)(i) on cost-to-cost reimbursement made to parent non-resident company towards IT …