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Addition u/s 69 based on loose papers sustained on failure to contradict facts found during search

May 5, 2023 1257 Views 0 comment Print

ITAT Mumbai held that addition under section 69 of the Income Tax Act on unaccounted, undisclosed income on the basis of the seized loose papers sustained as assessee failed to discharge his onus by contradicting the facts found during search proceedings.

Letting out of halls/ rooms by hotels and restaurants for organizing function is covered under ‘mandap keeper service’

May 5, 2023 2304 Views 0 comment Print

CESTAT Delhi held that service tax is leviable on services provided by hotels and restaurant in relation to letting out of halls or rooms for organizing any official, social or business function under ‘mandap keeper’ service.

Any other amount charged not for providing taxable service cannot be part of valuation

May 5, 2023 930 Views 0 comment Print

CESTAT Chennai held that any other amount, other than gross amount charged for providing taxable service, which is calculated not for providing such taxable service cannot a part of that valuation as that amount is not calculated for providing such ‘taxable service’.

Disallowance of short term capital loss merely based on information from investigation wing is unsustainable

May 5, 2023 1971 Views 0 comment Print

ITAT Mumbai held that disallowance of short term capital loss incurred on sale of shares by mechanically applying the information received from investigation wing is unsustainable in law.

Exemption u/s 54 available even if capital gain is invested in more than one residential houses

May 5, 2023 10890 Views 1 comment Print

ITAT Delhi held that benefit of exemption under section 54 of the Income Tax Act available even if capital gain is invested in purchasing more than one residential houses within stipulated time limit.

Borrowing funds at higher rate & lending to director shows diversion of funds for non-business purpose

May 5, 2023 1710 Views 0 comment Print

Asuda Holdings Private Limited Vs CIT (ITAT Mumbai) ITAT Mumbai held that there is a clear diversion of funds for non-business purpose as funds are borrowed @18% and lended the same to one of its directors at 13.5%. Accordingly, disallowance under section 36(1)(iii) sustained. Facts- AO observed that assessee has taken loan from M/s. Elevators […]

Genuineness of unsecure loan repaid via banking channel cannot be doubted based on surmises

May 5, 2023 2289 Views 0 comment Print

ITAT Delhi held that addition u/s 68 unsustainable as genuineness of transaction routed through banking channel cannot be doubted on the basis of surmises and conjectures based on suspicion and doubts.

Addition unsustainable as identity and creditworthiness of investor company duly proved

May 4, 2023 957 Views 0 comment Print

ITAT Raipur held that addition as an unexplained cash credit u/s 68 of the Income Tax Act unsustainable in as much as the assessee company has duly discharged the onus of proving the identity and creditworthiness of the investor company.

Brought forward unabsorbed depreciation can be set-off against income from other sources allowed

May 4, 2023 4731 Views 0 comment Print

ITAT Ahmedabad held that the assessee is entitled to claim of unabsorbed brought-forward depreciation to be set off against income from other sources as available during the year.

Without remote link between activities of other projects with PE, Force of Attraction Rule not apply

May 4, 2023 1227 Views 0 comment Print

ITAT Delhi held that the Force of Attraction Rule doesn’t apply unless there is even a remote link between the activities of other projects is established with the PE.

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