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ITAT upheld section 68 Addition- Big Jump in Share Price of unknown Company

Harish Kumar HUF Vs ITO (ITAT Chennai)

Assessee has not tendered cogent evidence to explain as to how the shares in an unknown company had jumped to an higher amount in no time when the fantastic sale price was not at all possible as there was no economic or financial basis to justify the price rise. Also, assessee failed to provide details of persons who purchased the shares....

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Property used for business cannot be treated as vacant for section 23

Ideal Hitech Engineering Equipment (P) Ltd. Vs ITO (ITAT Delhi)

We are of the view that the company having occupied the property for its own purposes, no notional rent can be added. It may be germane to mention here that this is the only property owned and occupied by the assessee as its registered office. It is not the case of the AO that the assessee company was having some other premises to have it...

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Static vs. Ambulatory interpretation of DTAAs – Retrospective amendments to definition of royalty

ACIT Vs Reliance Jio Infocomm Ltd. (ITAT Mumbai)

ACIT Vs Reliance Jio Infocomm Ltd. (ITAT Mumbai) Let us appreciate the nature of development, from the treaty perspective, in case one is to hold that the retrospective amendments defining the expression ‘process’ would be equally applicable for definition of ‘royalties’ under the tax treaty. Thus viewed, situation could be like t...

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TDR is a capital asset as inextricably linked with immovable property

Adi D Vachha Vs ITO (ITAT Mumbai)

TDR is a capital asset, because it is inextricably linked with immovable property and also flows from transfer of immovable property. When, TDR is considered to be an immovable property/assets within the meaning of section 2(14) of the I.T.Act, then any right in such TDR is also needs to be considered as a asset within the meaning of sect...

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Foreign Exchange Loss on loan for acquiring fixed assets allowable as Revenue Expense

M/s. Baby Memorial Hospital Ltd. Vs ACIT (ITAT Cochin)

Foreign exchange loss arising out of foreign currency fluctuations in respect of loan in foreign currency used for acquiring fixed assets should be allowed as revenue expenditure by charging the same into the Profit and Loss account and not as capital expenditure by deducting the same from the cost of the respective fixed assets....

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Penalty for inability to meet contractual obligation cannot be disallowed

DCIT Vs Mahavir Multitrade Pvt. Ltd. (ITAT Delhi)

The inability to meet the contractual obligation by the assessee cannot be termed as an offence or infraction of law so as to deny the claim of the assessee by invoking the expression 1 to sec 37(1) of the Act....

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Reassessment without disposing assessee’s objections by a speaking order is invalid

ITO (E) Vs ICFAI University (ITAT Delhi)

Where AO did not pass any speaking order in disposing of assessee|s objections against notice under section 148, the assessment order passed subsequent to such notice, would be considered as bad in law and hence, the same was liable to be quashed....

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No Netting of profit/loss of eligible units to calculate section 80-IC deduction

Alliance India Vs DCIT (ITAT Chandigarh)

No netting of profits and losses of the eligible units was to be done for the purpose of calculating the deduction under section 80-IC and each unit for the said purpose had to be treated separately....

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Mistake of counsel may be taken into account in condoning delay: ITAT Amritsar

M/s Bhagwati Colonizers Pvt. Ltd Vs ITO (ITAT Amritsar)

M/s Bhagwati Colonizers Pvt. Ltd Vs ITO (ITAT Amritsar) In the affidavit, the main reason cited by the assessee for the delay is that the copy of appellate order was received by the counsel who appeared before the Ld CIT(A), but the counsel never informed the assessee about the disposal of the appeal by Ld […]...

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ITAT disallowed loss on Sales made at lower rate to reduce taxable Profit

Agarwal Global Steels Pvt. Ltd. Vs DCIT (ITAT Hyderabad)

Agarwal Global Steels Pvt. Ltd. Vs DCIT (ITAT Hyderabad) We observe that even if we consider the selling price @ 30,675.56 by M/s Gautham Rolling Mills Pvt. Ltd. and the same was purchased from the assessee @ 25,000/- per MT with tax, the difference would be Rs. 4,500/- per MT. We gave opportunity to both […]...

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