The ITAT observed that interest awarded under Section 28 of the Land Acquisition Act differs from ordinary interest under Section 34 and forms part of enhanced compensation. Therefore, taxation provisions relating to interest income were held inapplicable. The post Interest on Compulsory Acquisition of Agricultural Land Still Exempt – ITAT Pune Deletes Tax &Penalty Together appeared first on TaxGuru.

Mumbai ITAT upheld ₹10.76 crore addition after rejecting selective identification of physical shares for capital gains computation. The Tribunal termed the arrangement a “colourable device” to suppress taxable gains. The post FIFO Wins Over “Cherry-Picked Shares” – Mumbai ITAT Calls Selective Share Identification a “COLOURABLE DEVICE” for TAX AVOIDANCE appeared first on TaxGuru.

The Tribunal held that the charitable trust mistakenly filed Form 10AB under an incorrect clause of Section 12A due to a bona fide error. ITAT directed the CIT(E) to permit correction of the application and reconsider registration on merits. The post Wrong Section Code Can’t Kill a Genuine Trust – ITAT Rescues 12A Registration from Hyper-Technical Rejection appeared first on TaxGuru.

The Tribunal observed that official salary documents issued by the employer and Income Tax Department showed salary income of only ₹4.67 lakh. The incorrect figure in the return was therefore held to be a typographical mistake requiring rectification. The post One Extra “0”, One Massive Tax Demand – ITAT Pune Comes to the Rescue of an Army Jawan appeared first on TaxGuru.

The Tribunal held that effective opportunity was not provided before rejecting the applications for registration and approval. The matter was remanded to the CIT(E) for reconsideration in accordance with law. The post Ex-Parte Rejection of Section 12AB Registration Set Aside as Notice Was Sent to Old Email: ITAT Delhi appeared first on TaxGuru.

CESTAT Bangalore held that limitation for filing a service tax appeal depends on the actual date of communication of the order, not merely the date of issuance. The Tribunal remanded the matter after finding no proof of delivery of the adjudication orders. The post Service Tax Appeal Cannot Be Rejected as Time-Barred Without Proof of Order Communication: CESTAT Bangalore appeared first on TaxGuru.

ITAT Pune held that delay caused by lack of proper legal advice and dependence on tax consultants constituted reasonable cause. The matter was remanded for fresh adjudication on Section 80P deduction. The post ITAT Condones 2659-Day Delay Because Improper Tax Advice Prevented Timely Appeal appeared first on TaxGuru.

CESTAT Delhi held that providing buses with drivers to RSRTC did not amount to Rent-a-Cab Service since operational control remained with the owner. The Tribunal set aside the service tax demand and penalties. The post Transport Service Not Taxable as Rent-a-Cab as Driver & Control Remained with Owner: CESTAT Delhi appeared first on TaxGuru.

ITAT Mumbai accepted part of the assessee’s explanation that cash used for credit card payments came from family members. The Tribunal relied on income tax returns, bank statements, and affidavits while granting partial relief. The post ITAT Partly Deletes ₹13.95 Lakh Addition as Family Income Records Supported Cash Gifts appeared first on TaxGuru.

The Tribunal held that full disallowance of purchases was not justified where corresponding sales and quantitative stock records were accepted. ITAT sustained only estimated disallowance at 12.5% of disputed purchases. The post ITAT Restricts Bogus Purchase Addition Due to Lack of Independent Enquiry by AO appeared first on TaxGuru.

ITAT Raipur held that additional evidence such as C-Forms cannot be relied upon by the appellate authority without giving the Assessing Officer an opportunity to examine it. The matter was remanded for fresh adjudication. The post ITAT Remands Case as CIT(A) Admitted C-Forms Without Following Rule 46A(3) appeared first on TaxGuru.

CESTAT Bangalore remanded the case after finding that the Department had granted exemption on similar rental income for subsequent periods. The Tribunal directed fresh examination due to inconsistent appellate findings. The post CESTAT Flags Inconsistent Service Tax Treatment on Religious Institution’s Shop Rentals appeared first on TaxGuru.

Mumbai ITAT restored appeals dismissed for 179-day delay after observing that the assessee had relied bona fide on his Chartered Accountant. The Tribunal granted another opportunity in the interest of justice and fair play. The post Client cannot suffer for CA’s lapse – Mumbai ITAT restores appeals dismissed for 179-day delay appeared first on TaxGuru.

CESTAT Chennai held that payment of Special Additional Duty is mandatory before claiming refund under Notification No. 102/2007. The Tribunal dismissed the importer’s challenge against SAD demand on imported silk fabrics. The post CESTAT Rejects SAD Refund Claim as Duty Must Be Paid Before Seeking Refund appeared first on TaxGuru.

ITAT Rajkot held that reassessment proceedings were invalid because the approving authority merely stated Yes, I am satisfied without independent application of mind. The Tribunal treated Section 151 approval as a mandatory procedural safeguard. The post Reassessment Invalid Because Approval Contained Only ‘Yes, I Am Satisfied’: ITAT Rajkot appeared first on TaxGuru.