All ITAT

Non-filing of appeal changes character of protective additions to substantive additions

DCIT Vs M/s Nirala Housing Pvt. Ltd. (ITAT Delhi)

When an assessee accepts the protective additions made in assessment order by not filing any appeal against it, the character of the additions changes from protective addition to substantive addition....

Read More

Municipal Tax directly related to let out Property cannot be deducted against other Income

ACIT Vs Camoron Finance & Investments (ITAT Mumbai)

Payment of municipal taxes are directly related to letting out of the property, therefore, the same could not be allowed as a deduction under Sec. 57(iii) for the purpose of earning of amenities charges by the assessee....

Read More

ITAT allows Expense on Speed-Boat to Akshaye Khanna

Akshaye Khanna Vs ACIT (ITAT Mumbai)

Akshaye Khanna Vs ACIT (ITAT Mumbai) Assessee had been using speed-boat for travelling from Mumbai to Alibaug for his professional activities like acting, practice, health, maintenance, story telling etc. and hence, business asset has been utilized by assessee for commutation for professional work and therefore, the expenditure against th...

Read More

No TDS on Payment to Amazon for Web-Hosting as same is not Royalty

EPRSS Prepaid Recharge Services India Pvt. Ltd. Vs ITO (ITAT Pune)

EPRSS Prepaid Recharge Services India Pvt. Ltd. Vs ITO (ITAT Pune) Tribunal further observed that there was no amendment in the DTAA between the two countries analogous to the Explanation 5 to section 9(1) of the Act and accordingly Amazon was not chargeable to tax in respect of Web hosting charges received from the assessee […]...

Read More

Section 54 Exemption when Agreement to sell old property and investment in new residential property within one year

Gautam Jhunjhunwala Vs ITO (ITAT Kolkata)

Agreement to sell old property and investment in new residential property within one year, whether to be claimed as exemption under section 54....

Read More

TDS U/s. 194J not deductible on fees for Translation of Articles

Shri Goutam Mukhopadhyay Vs PCIT (ITAT Kolkata)

Shri Goutam Mukhopadhyay Vs PCIT (ITAT Kolkata) It is not in dispute that the assessee has made payment of Rs. 96,000/- to Mahua Basu Mallick for displaying articles towards Cancel Awareness Programme in Bengali language pursuant to dictations given by the assessee in English. In effect, this is nothing but a payment made for translation ...

Read More

Delayed ESIC and PF payment before filing of IT Return allowable

DCIT Vs Andhra Prabha Publications Ltd. (ITAT Hyderabad)

Ifthe employees’ share of contribution is paid before the due date of filing the return u/s 139(1) of the Income-tax Act, 1961 then no disallowance can be made....

Read More

297 Page ITAT order in the case of Late Shri Harshad S. Mehta

Late Shri Harshad S. Mehta Vs DCIT (ITAT Mumbai)

First we shall deal with the appeals of Late Harshad S. Mehta through Legal Heir Smt. Jyoti H.S. Mehta for AY 1992-93 in ITA No.5702/Mum/2017 of assessee appeal and ITA No.6028/Mum/2017 of Revenue appeal....

Read More

Long term vis-a-vis short term: Tenancy right after converting into ownership

Jayantilal K. Jain Vs ITO (ITAT Mumbai)

Where assessee had tenancy right in property, which was converted into ownership before sale of shop, then period of holding would be determined from the date the assessee acquired ownership of the asset because on purchase of the property the tenancy right was converted into ownership and assessee had sold shop not tenancy right....

Read More

Insignificant decline in G.P. cannot be a reason for addition

Ramanand Industries Vs ITO (ITAT Jaipur)

Ramanand Industries Vs ITO (ITAT Jaipur) It is settled proposition of law that even if the books of account are rejected U/s 145(3) of the Act, it would not ipso facto result to an addition except the income estimated on same reasonable and proper basis lead to an addition. In the case in hand, neither […]...

Read More

Browse All Categories

CA, CS, CMA (4,010)
Company Law (4,307)
Custom Duty (7,183)
DGFT (3,847)
Excise Duty (4,176)
Fema / RBI (3,586)
Finance (3,802)
Income Tax (28,832)
SEBI (3,036)
Service Tax (3,423)