February 2025

In this landmark ITAT Delhi ruling, the Tribunal firmly rejected the Revenue’s attempt to disallow expenses under Section 14A and make sweeping additions under Section 69C for alleged bogus purchases. The judgment establishes crucial precedents: (1) Section 14A disallowance cannot be mechanically applied without actual exempt income, reinforcing the Cheminvest principle; (2) Section 69C cannot be invoked merely based on non-verification of suppliers when sales are accepted, quantitative records exist, and payments are through banking channels. The Tribunal emphasized that in unorganized sectors like meat procurement from farmers, practical business realities must prevail over technical deficiencies in documentation. This decision provides significant relief to exporters and businesses dealing with cash-based suppliers while maintaining robust checks against revenue leakage.

In this landmark ruling by the Kolkata ITAT, the Tribunal allowed the assessee’s appeal, setting a precedent for cases involving LTCG claims on penny stocks. The Tribunal emphasized that the assessee’s production of comprehensive documentary evidence—including purchase/sale contracts, demat records, bank statements, and STT payments—discharged the initial onus u/s 68. Critically, it held that the AO’s reliance on investigation wing reports and third-party statements, without affording cross-examination, violates principles of natural justice and evidentiary standards. The decision reinforces that suspicion alone cannot override concrete evidence, distinguishing this case from others where cash trails or back-dated documents were present. For tax professionals, this underscores the importance of meticulous record-keeping and challenging unverified third-party allegations in LTCG disputes.

In a landmark transfer pricing ruling, the Delhi ITAT favored the taxpayer by applying the pre-amendment safe harbour provision under section 92C(2) of the Income Tax Act. The case involved iPolicy Network (P) Ltd., an Indian subsidiary of a US entity, which faced a transfer pricing adjustment of approximately Rs. 75 lakhs. The Tribunal meticulously dissected the legislative history of the +/- 5% safe harbour rule, contrasting the pre- and post-amendment regimes. It emphatically rejected the Revenue’s push for retrospective application of the stricter amended provision, upholding the taxpayer’s right to the more beneficial pre-amendment calculation. The decision reinforces the principle that substantive tax amendments, especially those altering taxpayer liabilities, are presumed prospective. This precedent provides critical clarity for multinationals on the applicability of transfer pricing safe harbour rules for assessments prior to the 2009 amendment, emphasizing that the benefit is computed from the TPO-determined ALP, not the transaction price.

In this landmark ruling, the Mumbai ITAT clarifies the critical distinction between an allotment letter and a registered sale agreement for tax purposes under section 56(2)(vii)(b) of the Income Tax Act, 1961. The case involved an assessee who argued that a flat purchase, with a significant difference between stamp duty value and consideration, should be taxed in AY 2013-14 based on an allotment letter. The Tribunal decisively rejected this, upholding the AO’s addition for AY 2015-16. The judgment reinforces that for immovable property, the date of a registered sale agreement—not an allotment letter—determines the year of taxability, ensuring alignment with statutory requirements for property transfer. This precedent is essential for professionals dealing with real estate transactions and anti-abuse provisions.

In this landmark decision, the Delhi ITAT clarified the scope of ‘charitable purpose’ under section 2(15) for registration under section 12A. The Tribunal held that a society working for farmers’ welfare qualifies as ‘general public utility’ as it benefits a substantial section of public. Critically, it reinforced that registration examination must focus solely on objects, not application of income, which is a subsequent assessment function. The decision sets important precedents for agricultural welfare organizations seeking tax-exempt status.

In this landmark judgment, the Chhattisgarh High Court reinforced the administrative nature of transfer powers under Section 127(2) of the Income Tax Act, 1961, upholding the Revenue’s authority to centralize search assessment proceedings for ‘coordinated investigation.’ The Court dismissed assessees’ challenges, emphasizing that in multi-location search cases involving interconnected documents (like those of Mahamaya Group), transfer to a single jurisdiction is valid and not vague. This decision supports efficient tax administration and coordinated enforcement in complex search operations, balancing administrative convenience with procedural fairness.

In this landmark ruling by the Chennai ITAT, the Revenue’s appeals were dismissed, reinforcing strict evidentiary standards in tax assessments. The Tribunal decisively ruled that additions for unexplained investments and suppressed income cannot be sustained solely on seized documents like unregistered agreements or scribblings without corroborative proof. Key legal principles affirmed include: the Revenue’s burden to prove understatement (K.P. Varghese), the primacy of registered sale deeds (Paramjit Singh), and the necessity of incriminating material for additions u/s 153A. This judgment underscores that presumptions in real estate transactions, such as on-money payments, must be backed by direct evidence, protecting taxpayers from arbitrary assessments. Professionals should note the Tribunal’s reliance on multiple High Court and Supreme Court precedents to curb overreach by tax authorities.

In this landmark penalty case, the ITAT Madras ‘A’ Bench ruled in favor of the assessee, P. Palaniswamy, by upholding the CIT(A)’s cancellation of penalties under section 271(1)(c) for five assessment years. The Tribunal meticulously dissected the Revenue’s reliance on the Explanation to section 271(1)(c), affirming that penalties cannot be sustained merely because income was added based on estimates, deeming provisions (section 69), or partial rejection of the assessee’s explanation. Key to the decision was the assessee’s credible argument that the income in question belonged to his HUF, not him individually, supported by evidence of ancestral property and investments. The judgment reinforces the principle that penalty proceedings require concrete proof of concealment, not just higher assessments, and highlights the rebuttable nature of presumptions under penalty provisions. This ruling is crucial for practitioners dealing with penalty cases involving estimated additions and HUF income disputes.