Monthly Archives: July 2025

ITAT Ex-Parte Dismissal for Non-Appearance to be Recalled, Matter Remanded for Merits

By | July 9, 2025

ITAT Ex-Parte Dismissal for Non-Appearance to be Recalled, Matter Remanded for Merits Issue: Whether an ex-parte dismissal of an assessee’s appeal by the Income Tax Appellate Tribunal (ITAT) due to non-appearance, where the Tribunal specifically noted the non-appearance and disposed of the appeal without giving an opportunity of being heard on merits, should be recalled… Read More »

TDS credit reflected in a trustee’s name but pertaining to a trust’s income should be granted to the trust if the money was credited to the trust’s account.

By | July 7, 2025

TDS credit reflected in a trustee’s name but pertaining to a trust’s income should be granted to the trust if the money was credited to the trust’s account. Issue: Whether an assessee-trust can be granted credit for Tax Deducted at Source (TDS) under Section 199 of the Income-tax Act, 1961, when the TDS is reflected… Read More »

Co-operative society’s deduction under Section 80P is valid despite nominal/associate members,

By | July 7, 2025

I. Co-operative society’s deduction under Section 80P is valid despite nominal/associate members, as permitted by state law and consistent with mutuality. II. Eligibility of co-operative bank FD interest for Section 80P deduction is remanded to AO to verify mandatory deposit limits; proportionate interest on excess deposits disallowed after allowing Section 57 costs. III. Rental income… Read More »

Cash deposits included in Section 44AD turnover cannot be added under Section 68 as unexplained cash credit

By | July 7, 2025

Cash deposits included in Section 44AD turnover cannot be added under Section 68 as unexplained cash credit, as long as they represent business receipts. Issue: Whether cash deposits in a bank account can be added as unexplained cash credit under Section 68 of the Income-tax Act, 1961, when the assessee has declared income under the… Read More »

Dismissal of Appeal on Delay Grounds is Unsustainable if Due Date Computed from Service Date.

By | July 7, 2025

I. Appeal filed by assessee is not delayed if the due date is calculated from the date of service of the assessment order, not merely its issuance. II. Remand to CIT(A) is needed to adjudicate whether differences in income from other sources and subsidies are separate or related to the same addition, given incomplete discussion.… Read More »

Sections 54B and 54F exemptions for reinvestment are allowable despite minor delays,

By | July 7, 2025

I. Sections 54B and 54F exemptions for reinvestment are allowable despite minor delays, as the purpose of promoting reinvestment is fulfilled. II. Section 54B exemption is not allowed for agricultural land purchased in a brother’s name, as direct ownership by the assessee is a mandatory condition. I. Sections 54F and 54B Exemptions Cannot Be Denied… Read More »