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Deduction not available when opted for Tonnage Tax Scheme: ITAT Hyderabad

August 5, 2024 225 Views 0 comment Print

ITAT Hyderabad held that as per the provisions of section 115VG of the Income Tax Act, once the assessee opts for the Tonnage Tax Scheme, the assessee cannot take the shield of taking the deduction of any other expenditure.

Foreign allowance for services rendered outside India is not taxable in India: ITAT Kolkata

August 1, 2024 270 Views 0 comment Print

ITAT Kolkata held that foreign allowance received by a non-resident outside India for services rendered outside India does not fall within the scope of total income under section 5(2) of the Income Tax Act.

Addition already finalized u/s. 143(3) cannot be added again vide order u/s. 144: ITAT Mumbai

August 1, 2024 252 Views 0 comment Print

ITAT Mumbai held that passing of assessment order u/s. 144/147 making addition of alleged bogus purchase which is already added vide assessment order passed u/s. 143(3)/147 and has attained finality is unsustainable and liable to be quashed.

Order unsustainable if passed alleging non-furnishing of documents which were not called for: Madras HC

August 1, 2024 351 Views 0 comment Print

Madras High Court held that tax confirmed on premise of non-furnishing of required documents, however, none of the documents were called for in the show cause notice. Accordingly, order set aside and matter remanded.

Deemed dividend u/s 2(22)(e) doesn’t apply to advances to director for commercial purpose: ITAT Bangalore

August 1, 2024 240 Views 0 comment Print

ITAT Bangalore held that advances given to the director by the company for commercial purpose is outside the ambit of provisions of deemed dividend as provided under section 2(22)(e) of the Income Tax Act.

Penalty u/s 271G untenable as no transfer pricing adjustment possible due to omission of section 92BA(i): ITAT Mumbai

August 1, 2024 111 Views 0 comment Print

ITAT Mumbai held that no transfer pricing adjustment could have been made in the hands of assessee on account of ALP of specified domestic transactions as section 92BA(i) of Income Tax Act was omitted. Thus, since provisions of section 92D are not applicable, penalty u/s. 271G of the Income Tax Act untenable.

Condonation upto six years permissible in case of genuine hardship: Rajasthan HC

August 1, 2024 300 Views 0 comment Print

Rajasthan High Court held that section 119(2)(b) of Income Tax Act read with CBDT Circular No.09/2015 dated 09.06.2015 clearly reflect that if there is a genuine hardship, then a condonation of upto six years can be permitted. Accordingly, writ allowed.

Weighted deduction u/s 35(2AB) for clinical trials outside approved R&D facilities allowed: ITAT Hyderabad

August 1, 2024 177 Views 0 comment Print

ITAT Hyderabad held that weighted deduction u/s 35(2AB) of the Income Tax Act in respect of clinical trials expenses incurred outside approved R&D facilities is allowable post approval by prescribed authority.

Provisions of section 56(2)(x) of Income Tax Act doesn’t apply to developer: ITAT Mumbai

August 1, 2024 849 Views 0 comment Print

ITAT Mumbai held that provisions of section 56(2)(x) of the Income Tax Act does not apply to developer who has taken over the possession of lawn or building or both for the purpose of the development.

Exemption u/s 10(38) admissible even if STT not paid on shares acquired on or after 01.10.2004: ITAT Mumbai

July 31, 2024 828 Views 0 comment Print

ITAT Mumbai held that since the shares were acquired on or after 01.10.2004, the assessee would be entitled to claim exemption of LTCG u/s 10(38) of the Income Tax Act even if the Securities Transaction Tax (STT) was not paid at the time of acquisition.

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