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Reassessment merely based on information received from investigation wing is bad in law

May 25, 2023 2874 Views 0 comment Print

ITAT Delhi held that reopening of assessment proceedings merely on the basis of information received from the investigation wing is invalid and bad in law and hence liable to be quashed.

Addition on debatable and controversial issue is beyond the scope of section 143(1)

May 25, 2023 1260 Views 0 comment Print

ITAT Jaipur held that addition by way of adjustment and intimation u/s 143(1) of the Act on debatable and controversial issue is beyond the scope of Section 143(1) of the Income Tax Act.

Deduction towards bad debts written off available as part of sales amount not received

May 25, 2023 1164 Views 0 comment Print

ITAT Delhi held that assessee would be entitled for deduction on account of bad debts written off as part of the sales amount is not received.

Amendment to section 115BBE cannot be applied to search conducted prior to effective date

May 25, 2023 1707 Views 0 comment Print

ITAT Surat held that provision of section 115BBE of the Income Tax Act as amended vide Taxation Laws (Second Amendment) Bill 2016 which is effective from 01.04.2017 cannot be applied to search conducted prior to the effective date.

Penalty u/s 271(1)(c) not leviable as addition made on account of difference of opinion

May 24, 2023 2190 Views 0 comment Print

ITAT Jaipur held that penalty u/s 271(1)(c) of the Income Tax Act not leviable as addition made on account of meager amount and on account of difference of opinion only.

New property cost for exemption u/s 54 has to be as per collaboration agreement & sale deed

May 24, 2023 1332 Views 0 comment Print

ITAT Delhi held that cost of new property for the purpose of exemption under section 54 has to be assumed to be value of interests and share in the new construction, as per the collaboration agreement and the sale deed terms.

Disallowance u/s. 14A cannot be more than exempt income

May 24, 2023 699 Views 0 comment Print

ITAT Delhi held that disallowance under section 14A of the Income Tax Act cannot exceed the exempt income.

Expenditure towards ESOP is allowable deduction u/s 37

May 24, 2023 1242 Views 0 comment Print

ITAT Bangalore held that expenditure towards Employees Stock Option Plan (ESOP) is allowable deduction u/s 37 of the Income Tax Act.

Registration u/s 12AA not granted to trust existed for benefit of particular section of Hindu religion

May 24, 2023 1203 Views 0 comment Print

Arulmigu Aathi Karumapuram Sellandiamman Kudipaattukarakal Seva Trust Vs CIT (ITAT Chennai) Registration u/s 12AA not granted to trust existed for benefit of particular section of Hindu religion ITAT Chennai held that registration under section 12AA of the Income Tax Act is not granted to the trust which existed only for the benefit of a particular […]

TDS not deductible on payment of compensation to Cricket South Africa

May 24, 2023 762 Views 0 comment Print

ITAT Mumbai held that the payment of compensation to CSA (Cricket South Africa) under the Termination Agreement is also not taxable under the provisions of the India-South Africa DTAA. Since the payment is not chargeable to tax in India in the hands of CSA, therefore, there is no obligation on the assessee to deduct tax at source under section 195 of the Act.

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