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Initiation of revision proceedings u/s. 263 based on audit objection not tenable in law: ITAT Jaipur

February 28, 2025 834 Views 0 comment Print

ITAT Jaipur held that exercise of revisionary power under section 263 of the Income Tax Act on the basis of audit objection is not tenable in law. Accordingly, initiation of proceedings liable to be quashed.

Bail under Bhartiya Nagrik Suraksha Sanhita rejected as link in coal scam established

February 28, 2025 210 Views 0 comment Print

Chhattisgarh High Court rejected bail application filed u/s. 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 as prosecution prima facie establishes link between accused in the coal scam. Accordingly, bail not granted to applicant.

Addition u/s. 69C unwarranted as unaccounted expenditures met out of unaccounted receipts

February 28, 2025 819 Views 0 comment Print

ITAT Ahmedabad held that once the unaccounted receipts from the sale of properties are subjected to taxation as part of the capital gains computation, the related unaccounted expenditures stand explained and cannot be taxed separately as unexplained expenses.

Order passed u/s. 148A(d) beyond 3 years with approval of PCIT instead of PCCIT quashed

February 28, 2025 747 Views 0 comment Print

ITAT Pune held that approval of Principal Chief Commissioner of Income Tax [PCCIT] required for order passed under section 148A(d) of the Income Tax Act beyond three years from the end of assessment year.

Addition not justified as fair market value determined as per rule 11UA: ITAT Jodhpur

February 28, 2025 213 Views 0 comment Print

Assessee submitted share valuation report which was not as per rule 11UA but valuation of shares was done as per ‘Adjusted Net Asset Method and as per ‘future earning analysis.

Services without transfer of any technical knowledge doesn’t qualify as FTS: ITAT Mumbai

February 27, 2025 372 Views 0 comment Print

ITAT Mumbai held that receipts from maintenance and support services and additional services, without transfer of any technical knowledge, know-how, skill, etc., are not in the nature of Fee for Technical Services (FTS) and hence not taxable in India.

Valuation of finished goods after following stock ageing effect justifiable

February 27, 2025 261 Views 0 comment Print

The assessee is engaged in the business of Manufacturing & Trading of Sarees, Salwar Suites and Dress Materials. A survey u/s 133A of the Act was carried out on the business premises of the assessee on 26.11.2014.

Capital expense on R&D outside India is eligible for deduction u/s. 35(1)(iv): ITAT Pune

February 27, 2025 228 Views 0 comment Print

AO in the final order passed on 19.01.2017 however, made disallowance of weighted deduction u/s 35(2AB) to the extent of 3,38,82,341/-. Aggrieved with such order of the Assessing Officer / TPO / DRP, the assessee is in appeal before the Tribunal.

Resorting to estimation of profit without rejection of books not justified: ITAT Hyderabad

February 27, 2025 279 Views 0 comment Print

ITAT Hyderabad held that resorting to estimation of profit in case of best judgement assessment without rejection of books of accounts is unjustifiable. Accordingly, matter set aside to the file of the lower authorities for reconsideration of the issue.

Section 69A not invocable when cash is sourced out of recorded sales: ITAT Chennai

February 27, 2025 408 Views 0 comment Print

ITAT Chennai held that provisions of section 69A of the Income Tax Act could not be invoked when cash is sourced out of recorded sales. Accordingly, appeal allowed and addition u/s. 69A is liable to be deleted.

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