Additional consideration for work beyond contractual scope - Stage-linked consultancy payments-proof of contractual performance Additional consideration for work beyond contractual scope - Entitlement of an architectural consultant to additional consideration for alleged work beyond the two purchase orders - HELD THAT: - The Book of Requirements, consultancy proposal and purchase orders showed that the existing locker-room building and the relevant design services formed part of the agreed sc... ... ...

Penalty u/s 270A for under-reporting of income - bona fide inadvertent omission of gratuity provision disclosed in tax audit report - Statutory exception to penalty for under-reporting - Levy of penalty for under-reporting arising from failure to disallow a gratuity provision disclosed in the tax audit report - HELD THAT: - The statutory exception applies where the assessee offers a bona fide explanation and has disclosed all material facts supporting it. As the inadmissible gratuity provisio... ... ...

Assessee opting for the Direct Tax Vivad Se Vishwas Scheme, 2024 - HELD THAT:- Since, the assessee had already filed an application under Direct Tax "Vivad Se Viswas Scheme Act 2024", there is no need to keep appeal pending before us in view of the decision of Hon'ble Madras High Court in the case of Nannusamy Mohan (HUF) [2020 (11) TMI 484 - MADRAS HIGH COURT] wherein the Hon'ble High Court after considering the intention of the assessee to avail the benefit of "Vivad se Vishwas Scheme... ... ...

Common approval under section 153D for multiple assessment years - Validity of an assessment framed pursuant to a common prior approval u/s 153D covering multiple assessment years HELD THAT: - The assessment rested on a common prior approval under section 153D for more than one assessment year. Following the coordinate Bench view in Aditya Sharma [2025 (9) TMI 634 - ITAT DELHI] that such combined approval is unsustainable in law, the Tribunal held that the approval vitiated the assessment. [P... ... ...

Foreign tax credit denied - belated furnishing of Form 67 - Rule 128(9) - directory requirement Entitlement to foreign tax credit for tax paid in the United States where Form 67 was furnished after the due date for filing the return - HELD THAT: - Rule 128(9) prescribes the time for furnishing Form 67 but does not provide that delayed furnishing results in disallowance of foreign tax credit. The requirement is therefore procedural and directory, and its breach does not extinguish the substant... ... ...

Rejection of audited books of account and estimation of profit - Unexplained cash credit in respect of unsubstantiated outstanding liabilities Rejection of audited books of account and estimation of profit - Validity of rejection of the audited books of account and estimation of profit at 5% of turnover - HELD THAT: - The assessment, remand and appellate records disclosed no prima facie basis for rejecting the books of account or disbelieving the result declared therein. Since the declared lo... ... ...

Estimation of commission income from accommodation entries - Judicial discipline in following co-ordinate Bench decisions Commission income from accommodation entries - Consistency with assessee's own cases - Estimation of commission income treated as earned from providing accommodation entries - HELD THAT: - In the assessee's own cases for immediately succeeding years [2025 (2) TMI 605 - ITAT KOLKATA] and [2024 (12) TMI 1533 - ITAT KOLKATA] the co-ordinate Benches had upheld assessme... ... ...

Reassessment procedings on the basis of information concerning client code modification. Validity of reassessment initiated on investigation-wing information concerning client code modification, without transaction-specific reasons or independent application of mind - HELD THAT: - The recorded reasons merely reproduced the investigation-wing information concerning client code modification and then stated that income had escaped assessment. They contained no particulars of the assessee's t... ... ...

Reassessment after scrutiny on audit objection - fresh tangible material and independent satisfaction Validity of reassessment, after completed scrutiny, for disallowance of machinery-rental payments for non-deduction of tax at source, initiated on an audit objection - HELD THAT: - Reopening of a completed scrutiny assessment cannot rest on a third-party audit opinion without the Assessing Officer's independent satisfaction founded on fresh tangible material indicating escapement of incom... ... ...

Estimation of unaccounted income from stock shortages detected during survey - Evidentiary value of retracted survey admission Estimation of additional income from shortages of finished goods and raw material found during survey in the assessee's footwear manufacturing and export business - HELD THAT: - An admission made during survey does not bind the assessee, and an addition based on it requires corroboration by other material evidence. Further, stock valuation in a manufacturing conce... ... ...

Tax deduction at source on export commission paid to non-resident agents having no permanent establishment in India - Tax deduction at source on foreign sample design and development charges HELD THAT: - No tax was deducted against commission to non-resident agents for export orders on the ground that the payment was not for managerial and technical services. No part of services was rendered in India. None of the payee was stated to be having any permanent establishment in India. The Tribu... ... ...

Income estimation of civil contractor in best-judgment assessment - Determination of contractual turnover including work-in-progress Income estimation of civil contractor in best-judgment assessment - Estimation of income of a civil contractor where books of account were not furnished and the declared profit rate exceeded that reflected in preceding years - HELD THAT: - Though the assessee had failed to produce books before the lower authorities, its profit rate for the relevant year was bett... ... ...

Capital gains exemption - allowability of residential construction expenses Disallowance of expenses on lift, CCVT and air-conditioning service claimed as construction expenses while computing capital gains under the residential-house exemption - HELD THAT: - Having regard to their nature, the expenditure was incurred to make the residential unit livable and formed an integral part of its construction. [Paras 2] The disallowance of the claimed construction expenses was deleted in full. ... ... ...

Weighted deduction for approved in-house research and development expenditure u/s 35(2AB) - Finality of DSIR certification in Form No. 3CL Allowability of weighted deduction for in-house research and development expenditure certified by the DSIR in Form No. 3CL, notwithstanding a subsequent survey-based disallowance - HELD THAT: - The prescribed authority's certification of eligible research and development expenditure in Form No. 3CL could not be re-examined by the Assessing Officer on t... ... ...

Tax deduction at source on Leave Fare Concession involving foreign travel - Binding effect of interim judicial directions Liability of the assessee-bank as an assessee in default for non-deduction of tax on Leave Fare Concession reimbursement involving a foreign leg during the operation of an interim judicial direction - HELD THAT: - Though Leave Fare Concession reimbursement involving a foreign leg did not qualify for exemption, the operative interim judicial direction required the reimburse... ... ...

Settlement applications before Interim Board - CBDT relaxation for settlement applications - pending assessment case on date of application - Section 119(2)(b) relaxation HELD THAT:- The issue involved herein is no more res integra and stands resolved by a coordinate Bench of this Court passed in the case of Friends SPS international India (P) Ltd. & Ors.[2025 (3) TMI 2326 - RAJASTHAN HIGH COURT] and other connected matters, and prays for disposal of the instant matters in terms thereof.... ... ...

Validity of reassessment - change of opinion on capital gains from sale of shares - Reassessment after scrutiny assessment HELD THAT: - The assessee had furnished particulars relating to the sale of shares, computation of capital gains and the claim under Section 54F during the original assessment, and the assessment order accepted the returned income after considering the material. The reasons recorded for reopening had thus already been considered. Reassessment cannot be invoked to review o... ... ...

Income-tax deduction at source on land acquisition compensation Entitlement to withhold income tax/TDS from enhanced compensation payable to land losers for compulsorily acquired land - HELD THAT: - Following its earlier rulings in Karnataka Neeravai Nigam's [2026 (4) TMI 1927 - KARNATAKA HIGH COURT] and The Defense Estate Officer's [2025 (8) TMI 1880 - KARNATAKA HIGH COURT] the Court held that deduction of income tax or TDS from compensation payable to land losers is neither permissi... ... ...

Anticipatory bail in economic offences - Individual role of accused - Custodial interrogation Entitlement of the Director, found to be directly responsible for clandestine clearances of TMT bars and the resultant GST evasion, to anticipatory bail - HELD THAT: - The Court found from the factual report and the Director's admissions that he exercised control over the companies' affairs and bore direct responsibility for the clandestine clearances. In economic offences, anticipatory bail ... ... ...

Tariff-rate-quota sugar exports from India to the European Union are allocated up to 5,841 MT for October 2026-September 2027, while the allocation also identifies an earlier quota period. Exports remain free subject to applicable restrictions. Where required for preferential treatment, Certificates of Origin depend on recommendations concerning the eligible entity and quantity. APEDA operates the quota, while other European Union-specific certification and prescribed reporting requirements continue to apply.