March 2025

In this landmark judgment, the Madhya Pradesh High Court clarifies critical principles in Indian tax law concerning rectification of mistakes and carry forward of losses for non-resident assessees. The Court decisively rules that the right to carry forward losses is substantive, not procedural, and must align with the statutory provisions in force during the loss-incurring years. For non-residents, this restricts carry forward to losses in taxable territories, as per the unamended Section 24(2) of the Income Tax Act, 1922, and relevant removal of difficulties orders. The judgment reinforces the scope of Section 35 rectification, affirming that clear legal errors—such as disregarding statutory restrictions—constitute ‘mistakes apparent from the record’ even if based on a retrospective understanding. Additionally, it delineates appellate merger principles, holding that an unappealed part of an order does not merge with a Tribunal decision on other issues, preserving the lower authority’s rectification power. This case is essential for practitioners dealing with loss carry-forward claims, rectification proceedings, and jurisdictional overlaps in appeals.

In this landmark ITAT Pune Third Member decision, Kirloskar Electrodyn Ltd. contested disallowances under sections 80-I and 37(2A). The core legal battle centered on interpreting ‘derived from’ under section 80-I for income from ancillary services and interest. The majority, emphasizing a narrow interpretation, denied deductions, ruling that erection/installation services and interest lack a direct nexus to the industrial undertaking. The dissent highlighted integrated business operations and precedent support for eligibility. The judgment clarifies critical nuances in deduction claims, impacting manufacturing entities with diversified revenue streams, while remanding procedural issues for factual reassessment.

In a landmark ruling on international taxation, the Bangalore ITAT favored ABB FZ-LLC, a UAE-based entity, by holding that payments for regional services are not taxable as ‘royalty’ in India under the India-UAE DTAA. The Tribunal reinforced the primacy of DTAA over domestic law, ruling that in the absence of a specific Fees for Technical Services (FTS) clause in the treaty, such income falls under Article 7 (Business Profits) and, without a Permanent Establishment in India, escapes Indian taxation. This decision underscores critical principles in treaty interpretation, rejecting the Revenue’s attempt to apply domestic provisions where the DTAA is silent, and provides clarity on the characterization of cross-border service payments, impacting multinationals leveraging treaty benefits.

In this landmark ruling by the Delhi ITAT, the Tribunal overturned the addition of Rs.40 lakhs under section 68, reinforcing the principle that assessees can discharge their onus with robust documentary evidence. The decision underscores that the Revenue must conduct diligent inquiries to rebut such evidence, failing which additions cannot be sustained. The judgment provides clarity on the shifting burden of proof in section 68 cases and serves as a critical reference for disputes involving share application money and unexplained credits.

This landmark Special Bench ruling clarifies that losses from shares acquired through public issue allotment and subsequently sold fall within Explanation to s. 73 of the Income Tax Act, 1961, making them speculative losses. The ITAT rejected technical distinctions between ‘acquisition’ and ‘purchase’, emphasizing the provision’s broad anti-avoidance purpose. The decision establishes that the mode of share acquisition (primary vs. secondary market) is irrelevant for s. 73 purposes, significantly impacting companies engaged in share trading.

In this landmark ITAT Chandigarh ruling, the Tribunal dismissed Revenue’s appeals concerning disallowances under Sections 36(1)(iii) and 14A for M/s BBF Industries Limited. The decision reinforces critical safeguards for taxpayers: under Section 36(1)(iii), disallowance of interest expenditure is impermissible if assessee demonstrates sufficient own funds and business use of borrowed funds, shifting the onus to Revenue to prove diversion. Under Section 14A, disallowance is invalid absent actual exempt income, affirming the ‘actual receipt’ principle. The judgment consolidates key precedents on mixed fund theory and strategic investments, providing clarity for corporates on interest disallowance and exempt income computations.

In this landmark ITAT Visakhapatnam ruling, the Tribunal allowed the assessee’s appeal on dual grounds. Procedurally, it held that Centralized Processing Center (CPC) cannot make adjustments involving debatable legal issues during summary processing u/s 143(1). Substantively, it affirmed that employees’ provident fund and ESI contributions qualify for deduction under section 43B if remitted before the income tax return filing deadline, even if delayed beyond PF/ESI Act due dates. The decision reinforces taxpayer-friendly interpretation of contribution deductibility and limits CPC’s adjustment powers to unambiguous matters only.

In this landmark judgment, the Himachal Pradesh High Court definitively settles the scope of ‘manufacture’ under Section 80IC of the Income Tax Act, 1961. The Court upholds the ITAT’s decision, ruling that the assessee’s intricate process of transforming stainless steel pipes and other components into finished ‘Route Markers’—involving cutting, welding, assembly, and finishing—constitutes ‘manufacture’, thereby entitling the assessee to the claimed deduction. The Court reinforces the classic commercial distinctness test: a new, commercially identifiable product with a different name, character, and use must emerge. This decision provides crucial clarity for industries engaged in processing and assembly, emphasizing substance over form in determining manufacturing eligibility for tax incentives.