2025

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.

In this landmark 1937 Lahore High Court judgment, the Court comprehensively addressed five critical taxation issues for British Cotton Growers’ Association. The Court firmly established that under mercantile accounting, income accrues upon transaction entry regardless of actual realization, rejecting irregular suspense account adjustments. Significantly, the judgment clarified that losses from discontinued businesses cannot offset current business income under s. 10, establishing the ‘alive business’ prerequisite for loss set-off. The Court also delivered crucial guidance on bad debt recognition, emphasizing that statute-barred status alone doesn’t constitute bad debt for tax purposes – timing of irrecoverability requires factual evidence and falls within tax authorities’ domain. This judgment remains foundational for understanding accrual-based taxation, partnership characterization, and bad debt jurisprudence in Indian tax law.

In this landmark judgment, the Income Tax Appellate Tribunal, Delhi, overturned the CIT(A)’s decision and restored the addition of Rs. 4,85,58,000/- under section 68 of the Income Tax Act, 1961. The case centered on the assessee’s receipt of share capital and premium from 10 companies, which the Assessing Officer treated as unexplained cash credits. The Tribunal conducted a meticulous forensic analysis of the documentary evidence, including audited financials and bank statements of the investor companies. It found that these companies lacked substantive business operations, showed negligible income, and had bank transactions indicative of circular money movements. The Tribunal ruled that the assessee failed to discharge the primary onus of proving the creditworthiness of the investors and the genuineness of the transactions. This decision reinforces the stringent evidentiary standards required under section 68 and serves as a critical precedent for tax authorities combating accommodation entries and shell company transactions.