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Retrospective cancellation of trust registration u/s. 12AB of Income Tax Act invalid

August 3, 2023 3531 Views 0 comment Print

ITAT Mumbai held that cancellation of registration of trust retrospectively from AY 2016-17 under section 12AB(4) of the Income Tax Act is invalid.

Corporate Guarantee facility provided to overseas AE is international transaction

July 31, 2023 588 Views 0 comment Print

ITAT Mumbai held that Corporate Guarantee facility provided to overseas AE by the assessee is an international transaction and hence addition towards Arm’s Length Guarantee Fee confirmed.

TDS not deductible on payments to Non-resident Telecom Operators

July 31, 2023 1203 Views 0 comment Print

Karnataka High Court held that payments made to Non-resident Telecom Operators for provision of bandwidth and Inter-connectivity Usage Charge are not covered as Royalty/ FTS and, accordingly, TDS not deductible. Further, assessee is entitled to take benefit of DTAA between two countries.

Difference in closing stock emanating from preceding years cannot be attributed to year under consideration.

July 30, 2023 1458 Views 0 comment Print

ITAT Jaipur held that the difference in the closing stock is emanating from the difference in the working for the preceding years and that such difference cannot be attributed for the year under consideration. Accordingly, order not erroneous and jurisdiction of section 263 not invocable.

Extended period of limitation not invocable as mandatory twin factors missing

July 30, 2023 906 Views 0 comment Print

Jammu Kashmir High Court held that the extended period of limitation as provided under provision to sub -section (1) of Section 11A was not invocable for the simple reason that the twin factors which are sine quo non for invoking the proviso were missing.

TCS Provisions applicable on amounts received from illegal miners/ transporters

July 30, 2023 1677 Views 0 comment Print

Explore ITAT Raipur’s verdict on tax collection by District Mining Officer (DMO). Understand the implications of not collecting tax at source (TCS) on compounding fees from illegal miners/transporters. Analysis of Section 206C(1C) and obligations under the Income Tax Act.

Only international and not entity level transactions covered in transfer pricing adjustment

July 30, 2023 858 Views 0 comment Print

ITAT Ahmedabad held that transfer pricing adjustment should be restricted only in respect of turnover of assessee-company relating to international transactions. In nut-shell, transfer pricing addition should be restricted only qua international transaction and not entity level transactions.

Rejection cannot be rejected on mere technicality if all substantive conditions satisfied

July 30, 2023 1320 Views 0 comment Print

Gujarat High Court held that rejection of refund claim of unutilized ITC used in making zero-rated supply of goods merely on the ground of technicality unjustified as all the substantive conditions are satisfied.

Delay in filing cross objection without plausible explanation cannot be condoned

July 30, 2023 528 Views 0 comment Print

Read the detailed analysis of ITAT Mumbai’s decision on DCIT Vs ICICI Bank Ltd., addressing disallowance of exempt income, inordinate delay, and the crucial role of interest-free funds.

Salary Receipt by NRI for Services in Morocco: India-Morocco DTAA Article 15(1) Benefit eligible

July 30, 2023 888 Views 0 comment Print

ITAT Kolkata held that non-resident Indian who has provided services as an employee outside India (i.e. in Morocco) is entitled to claim benefit of Article 15(1) of the India Morocco DTAA.

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