Commissioner must follow binding jurisdictional HC precedent despite SC pendency; sec. 264 revision allowed: HC, Shangri-La International Hotel Management Pte. Ltd. vs. Commissioner of Income-tax (International Tax) - [2025] (Delhi)

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My Tax Expert
13/12/2025  |  0 COMMENTS  |  VISITOR'S COUNT: 196
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Commissioner must follow binding jurisdictional High Court precedent despite pendency before Supreme Court; revision under section 264 allowableShangri-La International Hotel Management Pte. Ltd. v. Commissioner of Incom...

Reassessment Quashed Due to Non-issuance of Section 143(2) Notice — Foundational Infirmity; Bangalore ITAT Relies on PCIT v. Shri Jai Shiv Shankar Traders

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My Tax Expert
12/12/2025  |  0 COMMENTS  |  VISITOR'S COUNT: 437
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In a significant ruling, the Income-tax Appellate Tribunal (ITAT), Bangalore Bench, has quashed reassessment orders passed under Section 147 read with Section 144 on account of non-issuance of notice under Section 143(2)...

Kerala High Court: Section 10(23BBA) Exemption Restricted to Statutory Managing Bodies, Not to Administered Religious or Charitable Institutions

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My Tax Expert
12/12/2025  |  0 COMMENTS  |  VISITOR'S COUNT: 257
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The Kerala High Court has dismissed the assessee’s writ petitions, holding that the exemption under section 10(23BBA) applies exclusively to bodies and authorities constituted, established, or appointed under a Central...

ITAT Kolkata Remands Assessment: Entire Bank Deposits Cannot Be Taxed Without Allowing Expenditure Even if Section 10(23C)(iiiab) Exemption Is Denied, University of North Bengal v. DCIT, Exemption (2025) (ITAT Kolkata)

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My Tax Expert
12/12/2025  |  0 COMMENTS  |  VISITOR'S COUNT: 178
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The assessee, a university, claimed exemption under section 10(23C)(iiiab) and accordingly did not file its return of income. Since no return was filed, the Assessing Officer issued a notice under section 148 requiring t...

Deletion of Section 68 Penny Stock LTCG Addition in Section 153A Assessment Absent Incriminating Material: Mumbai ITAT Follows Abhisar Buildwell

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My Tax Expert
12/12/2025  |  0 COMMENTS  |  VISITOR'S COUNT: 244
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Deletes Section 68 addition on penny stock LTCG in Section 153A assessment sans incriminating materialMumbai ITAT deletes addition under Section 68 on account of long term capital gain on alleged penny stocks of listed c...

Filing of audit report mandatory but timeline merely procedural; Allows deduction under section 80IAC

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My Tax Expert
12/12/2025  |  0 COMMENTS  |  VISITOR'S COUNT: 271
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Filing of audit report mandatory but timeline merely procedural; Allows deduction under section 80IACDelhi ITAT allows Assessee’s appeal observing that the filing of Audit Report is mandatory for claiming deduction und...

Failure to consider judicial precedents not rectifiable under section 254(2); Upholds ITAT’s refusal to rectify

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My Tax Expert
12/12/2025  |  0 COMMENTS  |  VISITOR'S COUNT: 205
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Failure to consider judicial precedents not rectifiable under section 254(2); Upholds ITAT’s refusal to rectifyTelangana High Court dismisses Assessee’s writ petition on finding that there is no infirmity in the ITAT...

Quashes Section 263 revision, holds Section 69C inapplicable where source of payment remains undisputed

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My Tax Expert
12/12/2025  |  0 COMMENTS  |  VISITOR'S COUNT: 235
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Quashes Section 263 revision, holds Section 69C inapplicable where source of payment remains undisputedDelhi ITAT quashes revisionary proceedings under Section 263, holding that Section 69C could not be invoked in the ab...

Dividend/interest income not profit ‘derived’ from business, ineligible for Section 36(1)(viii) deduction claim

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My Tax Expert
12/12/2025  |  0 COMMENTS  |  VISITOR'S COUNT: 191
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Dividend/interest income not profit ‘derived’ from business, ineligible for Section 36(1)(viii) deduction claimIn a judgment pronounced on 10.12.2025, Supreme Court dismisses assessee’s (National Cooperative Develo...

Notices issued under section 148 by JAO post April 1, 2022, valid & legal; Faceless scheme does not mandate faceless issuance

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CA DR VINAY MITTAL
04/12/2025  |  0 COMMENTS  |  VISITOR'S COUNT: 775
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Notices issued under section 148 by JAO post April 1, 2022, valid & legal; Faceless scheme does not mandate faceless issuanceWhile adjudicating the validity of notice issued by Jurisdictional Assessing Officer (JAO...