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Higher interest paid on unsecured loan to related party justified as loan received without any security: ITAT Mumbai

March 19, 2024 762 Views 0 comment Print

ITAT Mumbai held that rate of interest @18% paid to related party towards unsecured loan is reasonable as rate of interest charged by bank @12% is with security, whereas, rate of interest charged on unsecured loan is without any security.

Reopening u/s. 148 merely based on investigation report is unjustifiable: ITAT Delhi

March 19, 2024 1152 Views 0 comment Print

ITAT Delhi held that reopening assessment under section 148 of the Income Tax Act merely based on the investigation report without concluding the nature of alleged accommodation entry is unjustifiable and liable to be quashed.

Invocation of deeming provisions of section 69 unjustified as nature and source of undisclosed income explained: ITAT Chandigarh

March 19, 2024 489 Views 0 comment Print

ITAT Chandigarh held that addition invoking the deeming provisions of section 69 r.w.s. 115BBE of the Income Tax Act unjustified as nature and source of undisclosed income/ investment duly explained by the assessee.

Manufacturing & distribution activity being different it is fair to segregate both contracts: ITAT Mumbai

March 19, 2024 228 Views 0 comment Print

ITAT Mumbai held that as under distribution segment assessee is purchasing Finished Drug Formulation from its AE for sale in India and under manufacturing segment assessee is transacting with non-AEs, it is fair and reasonable to segregated contract of manufacturing activity and distribution activity. Accordingly, matter remanded.

Order passed u/s 144(C)(1) of Income Tax Act to be construed as draft assessment order only: Madras HC

March 19, 2024 885 Views 0 comment Print

Madras High Court rules that any order under Sec 144(C)(1) must be a draft assessment; detailed analysis of Ramco Cements Ltd. vs ITO case provided.

Benefit under West Bengal State Support for Industries Scheme, 2008 duly admissible post GST: Calcutta HC

March 18, 2024 345 Views 0 comment Print

Read the detailed analysis of Adani Wilmar’s eligibility for incentives under West Bengal’s industrial scheme post GST, as per Calcutta High Court judgment.

Interest on TDS not allowable expenditure: ITAT Delhi

March 18, 2024 576 Views 0 comment Print

ITAT Pune remands Sanj Sawali Care Foundation’s 80G exemption application to CIT(E) for reevaluation after failure to produce documentary evidence. Details here.

Addition u/s. 68 unsustainable as AO failed to conduct independent enquiry to verify genuineness of transaction: ITAT Kolkata

March 18, 2024 876 Views 0 comment Print

In Brightstar Vincom Pvt Ltd Vs ITO, Kolkata ITAT emphasizes independent inquiry by AO before adding under section 68 of IT Act.

Deduction u/s. 80IB(10) admissible only when return is furnished within due date specified u/s 139(1): ITAT Ahmedabad

March 18, 2024 432 Views 0 comment Print

Learn about the DCIT vs Umang Hiralal Thakkar case at ITAT Ahmedabad regarding filing returns under section 139(1) for claiming deduction under section 80IB. Get detailed insights and analysis.

Revisional jurisdiction u/s 263 rightly invoked as order passed without satisfying mandatory provisions of section 92CA: ITAT Mumbai

March 18, 2024 252 Views 0 comment Print

ITAT Mumbai held that assessment order passed without satisfying mandatory provisions of section 92CA and CBDT instruction no. 3 of 2016 is order falling within the meaning of erroneous and prejudicial to the interest of revenue. Hence, revisional jurisdiction u/s. 263 of the Income Tax Act rightly invoked.

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