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Revisionary power u/s 263 rightly invoked as order erroneous and prejudicial to interest of revenue

August 31, 2023 597 Views 0 comment Print

ITAT Mumbai held that revisionary powers under section 263 of the Income Tax Act rightly invoked by PCIT as order of assessing officer is erroneous and prejudicial to the interest of revenue.

Additional disallowance without converting limited scrutiny to complete scrutiny unsustainable

August 31, 2023 1638 Views 0 comment Print

ITAT Bangalore held that disallowance of deduction claimed u/s 54F unjustified as no steps were taken to convert the limited scrutiny into complete scrutiny. Accordingly, disallowance deleted.

Customs authorities cannot counter once licencing authorities are satisfied that licencing conditions are fulfilled

August 31, 2023 654 Views 0 comment Print

CESTAT Chennai held that once the licencing authority has found that the licencing conditions have been fulfilled, it would not be open to the customs authorities too contend that the imports under the licence are contrary to law.

Payments towards Interconnectivity Utility Charges not royalty/ FTS hence not taxable

August 31, 2023 837 Views 0 comment Print

ITAT Bangalore held that payments received by assessee towards interconnectivity utility charges from Indian customers / end users cannot be considered as Royalty / FTS to be brought to tax in India under section 9(1)(vi)/(vii) of the Act and also as per DTAA.

Revocation of Customs Broker licence as exporters untraceable during subsequent verification unjustified

August 31, 2023 1146 Views 0 comment Print

CESTAT Kolkata held that Customs Broker cannot be held responsible for the exporters found to not exist during subsequent verification undertaken by the officers. Accordingly, revocation of Customs Broker licence unjustified.

Addition based on claim of payment of cash in civil suit sustained as source of cash payment not explained

August 31, 2023 1281 Views 0 comment Print

ITAT Mumbai held that addition towards unexplained and undisclosed income sustained as assessee itself claim payment of cash in the civil suit and failed to explain the source of the cash payment.

Depreciation on right to build and operate tool road is admissible as intangible asset

August 31, 2023 1539 Views 0 comment Print

ITAT Delhi held that right to build and operate toll road are considered to be an intangible assets and accordingly depreciation as admissible to intangible assets is available to it.

Disallowance u/s 14A in absence of exempt income unsustainable

August 31, 2023 1848 Views 0 comment Print

ITAT Ahmedabad held that where no exempt income is earned by the assessee there is no case for making any disallowance under Section 14A of the Income Tax Act.

Infrastructure development of leased property expenditure is revenue in nature

August 31, 2023 1269 Views 0 comment Print

ITAT Delhi held that expenditure towards infrastructure development of leased property is revenue expenditure. Accordingly, treating such expenditure as capital in nature is unsustainable in law.

Undisclosed overseas bank account matter remanded back as consent waiver form signed

August 31, 2023 600 Views 0 comment Print

ITAT Delhi held that addition towards undisclosed overseas bank account was confirmed on wrong notion of denial of appellant to sign consent waiver form. Matter remanded back as appellant has signed the consent waiver form and accordingly AO can carry out relevant enquiry.

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