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Archive: May, 2024

Posts in May, 2024

Section 132(1) search authorization Warrant was qua ‘premises’ & not qua ‘assessee’

May 5, 2024 945 Views 0 comment Print

Search warrant is issued regarding premises and not necessarily regarding an assessee, and a common search warrant and panchnama issued against multiple assesses operating from the same premises are justifiable.

Assessment Reopening Limited to Four Years if there was Full Disclosure by Assessee

May 5, 2024 705 Views 0 comment Print

Mumbai ITAT rules in Lalita Troy Caeiro Vs ITO case that assessment can’t be reopened beyond 4 years if there’s full disclosure by assessee. Detailed analysis and conclusion provided.

Non-payment of tax before first appeal filing not fatal if appellant fulfills tax obligation later

May 5, 2024 612 Views 0 comment Print

in terms of section 249(4)(a) of the Act, stipulation as to payment of tax ante filing of first appeal is only directory and not mandatory, where appeal is filed without payment of tax but subsequently required amount of tax is paid, appeal shall be admitted on making payment of tax and taken up for hearing on merits.

STCL Taxable at 15% Can be set-ff against STCG Taxable at 30%: ITAT Mumbai

May 5, 2024 804 Views 0 comment Print

Explore the detailed analysis of JS Capital LLC Vs ACIT (ITAT Mumbai) regarding the offsetting of Short Term Capital Loss (STCL) against Short Term Capital Gain (STCG) under section 70(2) of the Income Tax Act.

ITAT Deletes Section 56(2)(x)(b)(B) Additions: Consideration Paid via Banking Channels

May 5, 2024 8553 Views 0 comment Print

Appellant’s bank statements confirm full payment, complying with Section 56(2)(x)(b)(B). ITAT deletes addition of Rs. 60.1 Lakhs. Detailed analysis & conclusion.

Source of Demonetization Deposits Substantiated: ITAT Deletes Addition

May 5, 2024 906 Views 0 comment Print

In the case of Pukhraj Nathmal Jain Vs ITO, ITAT Mumbai deletes addition u/s 68 of Income Tax Act, as the source for deposits made during demonetisation period was substantiated.

ITAT Orders Deletion of FBT Addition Due to Lack of Employer-Employee Relationship

May 5, 2024 138 Views 0 comment Print

In the case of Piramal Enterprises Ltd vs DCIT, ITAT Mumbai directed deletion of Fringe Benefit Tax (FBT) addition on business promotion expenses due to absence of an employer-employee relationship.

Reassessment cannot be based solely on reasons borrowed from other departments or reports

May 5, 2024 1365 Views 0 comment Print

In case of Balaji Mines And Minerals Pvt Ltd vs ACIT, Bombay High Court ruled that reassessment cannot be based solely on reasons borrowed from other departments or reports, such as Justice M.B. Shah Commission Report.

Navigating the Securitization of IP Assets in India

May 5, 2024 537 Views 0 comment Print

Introduction Conventionally, the tangible assets are preferred as collaterals in financing businesses by the financial institutions. Over the period of time, these tangible assets’ value tends to depreciate. However, with the advancement in science and technology, intangible assets like intellectual property rights are becoming the way of financing many businesses around the world. Usually, the […]

ITAT Directs TPO/AO to Delete Adjustment on Export Commission Payment ALP

May 5, 2024 231 Views 0 comment Print

In the case of Honda Motorcycle & Scooter India Pvt Ltd vs. ACIT, ITAT Delhi directed the Transfer Pricing Officer (TPO) and Assessing Officer (AO) to delete the adjustment made on account of the arm’s length price (ALP) of export commission payment.

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