Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights April 2025 Year 2025 This

ITAT adjudicated multiple tax-related issues, ultimately ruling ...


Tax Dispute Resolved: Assessee Wins on Speculation Loss, Gift Taxation, and Trust Income Challenges Under Multiple Sections

April 24, 2025

Case Laws     Income Tax     AT

ITAT adjudicated multiple tax-related issues, ultimately ruling in favor of the assessee. The tribunal rejected the AO's disallowance of speculation loss, finding no regulatory requirement for off-market transaction reporting. Regarding gift taxation, ITAT upheld the assessee's claim that a father from a HUF can be considered a relative under Section 56(2). Additionally, for the trust-related income, ITAT determined that since the trust had already paid taxes on the transferred amount, further addition was unwarranted. Consequently, the tribunal set aside the AO and CIT(A) orders, directing deletion of all contested additions.

View Source

 


 

You may also like:

  1. Loss on account of Mark to Market - Speculation or non speculation loss - the gross total income mainly consists of income from house property, income from capital...

  2. The assessee, a trust, claimed to be taxed at the same rate applicable to its beneficiary u/s 115BAA. However, this claim was dismissed as the assessee was not treated...

  3. Nature of loss from purchase and sale of share - speculation or non speculation loss - ITAT held that deployment of funds in the instant case is more in the business of...

  4. Non-resident Indian donor gifted funds to assessee through cheques from NRE account, proving identity, creditworthiness, and genuineness. Assessing Officer made addition...

  5. Unaccounted income over and above the regular income registered in the books of account - There is no dispute that assessee was engaged for development of project of...

  6. Income assessed in hands of Appellant as Representative Assessee. No credit for prepaid taxes availed by beneficiaries. JCIT(A) directed AO to verify claim of prepaid...

  7. Since assessee was trading at un-recognised stock exchange, therefore, income arising out of trading of commodities at such unrecognized stock exchange also amounts to...

  8. Speculation or non speculation loss (Business Loss) - loss incurred on futures and options (derivative transactions) - Section 43(5)(d) of the Act should have to be...

  9. Losses incurred by the assessee from F & O operations - Speculation loss or business loss - Loss incurred on account of derivatives would be deemed business loss under...

  10. Set off of brought forward non speculative loss against the current years speculative income - Set off of loss from one head against income from another - there is no...

  11. The appellant trust claimed to be formed for public charitable activities and registered under the Rajasthan Public Trust Act 1959, regularly filing its income tax...

  12. Reopening of assessment u/s 147 for "non-genuine loss" on account of assessee's transactions in futures and options (F&O) was unjustified. The reasons recorded did not...

  13. Assessment of trust as Association of Persons (AOP) - family trust - rate of tax - maximum marginal rate or slab rates - Assessee family trust has only income from other...

  14. Insertion of new Chapter XII-EB - Tax on accreted income-Interest payable for non-payment of tax by trust or institution - When trust or institution is deemed to be...

  15. Penalty levied u/s 274 read with Section 270A - assessee computed tax on disallowed depreciation amount at maximum marginal rate and levied 200% penalty on payable tax -...

 

Quick Updates:Latest Updates