Customs scrutiny of RBI remittances under rupee export scheme - Duty drawback where exports do not reach intended destination - Confiscation of goods already exported Recovery of drawback for non-realisation of export proceeds - RBI remittances under rupee export scheme - Recovery of drawback on the premise that RBI remittances received for exports to Russia under the rupee trade scheme were unrelated to the exports - HELD THAT: - The remittances were made by RBI through the exporter's ba... ... ...

Detention of person jewellery in excess of the quantity permissible under the Indian Customs Baggage Rules, 2026 - case of the petitioners that they had visited India in connection with a marriage function and that the jewels carried by them were not intended either to be smuggled into India or to be sold after being smuggled. HELD THAT:- The writ petitions were disposed of permitting the petitioners to seek return of the seized jewellery from the customs authority, which was directed to adju... ... ...

Belated furnishing of Form 10DA for deduction under section 80JJAA - deduction u/s 80JJAA denied solely because Form 10DA was furnished after the return-filing due date but before processing u/s 143(1) HELD THAT: - The Tribunal held, following the cited precedents International Tractors Limited [2021 (4) TMI 1033 - DELHI HIGH COURT], Sai Computers Limited [2023 (10) TMI 1315 - ITAT DELHI] and G4S Secure Solutions (India) Private Ltd [2025 (5) TMI 1492 - ITAT DELHI] that the requirement of fur... ... ...

Capital gains computation - Deduction of payment to agreement holder under section 48 - Extinguishment of specific-performance rights Deductibility, in computing capital gains, of payment made to an agreement holder for extinguishing the agreement holder's enforceable rights in the transferred property - HELD THAT: - The payment was made to clear and extinguish the agreement holder's rights arising from the agreement for sale, thereby improving the assessee's title and enabling th... ... ...

Deduction under section 80P on interest income of cooperative societies HELD THAT: - The Tribunal found the assessee's claim squarely covered by the coordinate-Bench decisions Cooperative Cane Development Society Ltd.[2025 (6) TMI 2172 - ITAT DELHI] and in the case of Deoband Cooperative Cane Development Union Ltd.[2026 (4) TMI 902 - ITAT DELHI] where the Co-ordinate Bench has followed the order of ITO vs Shri Bhairavnath Multistate Co-operative Credit Society Ltd [2024 (9) TMI 342 - ITAT... ... ...

Fees for technical services under India-China DTAA - managerial and technical services rendered outside India Taxability of management and consultancy fees for managerial and technical services rendered from China to an Indian associated enterprise under Article 12(4) of the India-China DTAA - HELD THAT: - Article 12(4) contemplates managerial, technical or consultancy services being rendered by a resident of one Contracting State in the other Contracting State. As the services were admittedl... ... ...

Depreciation on goodwill acquired in slump sale - Tax deduction at source on transfer of immovable property - Unexplained expenditure - excess consideration in slump sale Depreciation on goodwill from acquisition of a business division - Allowability of depreciation on goodwill arising from acquisition of a data-protection software business division as a going concern under slump sale - HELD THAT: - The Business Transfer Agreement established transfer of the entire software division, includin... ... ...

Validity of penalty for unexplained investment u/s 271AAC - Meaningful opportunity of hearing in penalty proceedings Penalty for unexplained investment u/s 271AAC - Initiation of penalty proceedings - Validity of penalty u/s 271AAC(1) for unexplained investment where the assessment order expressly initiated penalty proceedings u/s 270A for misreporting of income - HELD THAT: - The assessment order repeatedly recorded satisfaction of misreporting of income and directed initiation of penalty un... ... ...

TP Adjustment - functional comparability of software development service providers - Transfer pricing-challenge to comparables accepted before the Transfer Pricing Officer - Transfer pricing-brand and scale in comparability analysis - Transfer pricing-application of comparability filters at DRP stage Transfer pricing - challenge to comparables accepted before the Transfer Pricing Officer - Assessee's objection before the DRP to Persistent Systems & Solutions Ltd. despite its earlier accep... ... ...

Rectification of defective return u/s 139(9) - Relation back - Limitation for scrutiny notice u/s 143(2) - distinction between rectification of a defective return u/s 139(9) and filing a revised return u/s 139(5) Limitation for issuance of notice under section 143(2) where defects in the original return were rectified under section 139(9) - HELD THAT: - Rectification of a defective return within the permitted time cures the original return and does not amount to furnishing a fresh return; con... ... ...

Dependent agent permanent establishment in India - Authority to negotiate and enter into contracts - whether the Indian associated enterprise's liaison, account-management and administrative support in relation to lodging-supplier contracts constituted habitual authority to negotiate and enter into contracts for the Swiss enterprise? HELD THAT: - The Revenue bore the burden of establishing the treaty conditions through evidence of actual functions and authority; the group relationship or ... ... ...

Reassessment approval by specified authority after exclusion of section 148A response period - Dependent agent permanent establishment through Indian support-services affiliate Specified authority for reassessment approval - Validity of approval for reassessment proceedings for AY 2018-19, after exclusion of the period allowed for response to the notice under section 148A(b) - HELD THAT: - The time, including the extended time, allowed to the assessee for furnishing its response to the notice... ... ...

Taxation of profit embedded in unaccounted quarry sales - Reasonable estimation of profits from unaccounted business turnover - Double addition of cash sales included in disclosed turnover Unaccounted quarry sales - Taxability of profit element in business turnover - Reasonable estimation of unaccounted business expenditure - Taxability of unaccounted sales from mining and quarrying operations for A.Y. 2020-21 and A.Y. 2021-22 - HELD THAT: - Unaccounted sales establish suppression of business... ... ...

Double disallowance in computation of charitable application of income - Return-processing adjustment Disallowance of expenditure for non-deduction of tax at source and cash payments, where those amounts had already been excluded while computing the charitable trust's net application of income - HELD THAT: - The net application of income claimed by the assessee had already been computed after disallowing the expenditure in question. As no adjustment was made to the claimed net application... ... ...

Unexplained cash deposits - Verification of fresh evidence - Addition for unexplained cash deposits claimed to arise from catering receipts and sale of inherited gold ornaments - HELD THAT: - The confirmations and affidavits concerning catering receipts and sale of ornaments were produced for the first time and were material to the explanation of the deposits. Their evidentiary value required verification, including whether the assessee carried on the claimed catering activity, the related recei... ... ...

Condonation of delay in filing first appeal - Deduction for credit co-operative societies-scope of co-operative bank exclusion Sufficient cause for delay - 794-day delay in filing the first appeal Substantial justice over technical considerations - Condonation of delay in filing the first appeal against disallowance of the deduction claimed by the credit co-operative society - HELD THAT: - The assessment order itself recorded that the demand arising from disallowance of the deduction would n... ... ...

Assessment under section 143(3) on seized documents belonging to a person other than the searched person - Validity of the assessment under section 143(3) instead of Section 153C(1) - HELD THAT: - AR passed in the matter of Jasjit Singh by the Hon'ble Supreme Court [2023 (10) TMI 572 - SUPREME COURT] and Asha Gupta [2026 (2) TMI 420 - ITAT DELHI] wherein under the identical facts and circumstances of the matter, the reassessment proceeding was found to be bad law and, therefore, quashed and r... ... ...

Pecuniary jurisdiction of Assessing Officer - Jurisdictional defect in notice u/s 143(2) - Binding nature of CBDT instructions Validity of the assessment founded on a notice under section 143(2) issued by an officer other than an ITO despite CBDT Instruction No. 1/2011 allocating jurisdiction to an ITO where the returned income was below the stipulated threshold - HELD THAT: - The Instruction, being binding on the Income-tax Department, required issuance of the jurisdictional notice by an ITO... ... ...

Unexplained investment in jointly acquired residential property - Explanation of source of investment - HELD THAT: - The accepted housing loan and the mutual fund redemption proceeds available in the bank accounts of the assessee and her spouse explained the investment in the property. The source and application of funds were contemporaneously traceable, and the relevant details had already been furnished before the Assessing Officer and were also before the appellate authority. Mere non-resp... ... ...

Unexplained cash credits - Proof of identity, creditworthiness and genuineness of loan creditors Sustainability of the unexplained cash-credit addition in respect of unsecured loans from two lenders where the assessee furnished proof of their identity, creditworthiness and the genuineness of the transactions - HELD THAT: - The initial burden under section 68 requires the assessee to establish the creditor's identity, creditworthiness and the genuineness of the transaction. The confirmatio... ... ...