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Addition @ 20% was upheld on account of alleged bogus purchases and unverified sellers

September 24, 2024 915 Views 0 comment Print

Tribunal upheld 20% addition instead of 25% on alleged bogus purchases due to unverified sellers agreeing that assessee failed to prove the genuineness of the transactions, and confirmed penalty proceedings.

Tax Liability on Capital Gains Arises in Year of Possession, Not Occupancy Certificate

September 24, 2024 2034 Views 0 comment Print

Liability to capital gains had not arisen in the assessment year 2017-18 as occupancy certificate was received on 01/02/2017 for commercial portion and 17/03/2017 for residential portion but in the assessment year 2018-19 on receipt of possession.

Amount Received from US Broadcasting Company Not Taxable as “Royalty” Under India-US DTAA

September 24, 2024 894 Views 0 comment Print

Distribution revenue received by Turner Broadcasting System Asia Pacific, Inc. ( TBSAP ), a U.S.-based company, from its Indian affiliate was not taxable as “royalty” under the Income Tax Act, 1961, or the India-U.S.

Non-issuance of notice u/s. 143(2) prior to finalizing re-assessment vitiates entire proceeding: ITAT Chennai

September 24, 2024 1035 Views 0 comment Print

ITAT Chennai held that failure to issue notice u/s. 143(2) of the Income Tax Act after issuing notice u/s. 147 and prior to finalizing the re-assessment vitiated the entire proceedings. Accordingly, order quashed.

Deduction u/s. 80P(2)(d) admissible on interest earned from investment with Co-operative Banks: ITAT Mumbai

September 24, 2024 1332 Views 0 comment Print

ITAT Mumbai held that deduction under section 80P(2)(d) of the Income Tax Act admissible in respect of the interest on FDR and savings account earned by co-operating housing society from investment with the Co-operative Banks.

Trust Withdraws Appeal filed with ITAT After Section 12A Registration Approval

September 24, 2024 603 Views 0 comment Print

Jay Bhavani Mata Trust withdrew its appeal after successful registration under Section 12A. ITAT Ahmedabad dismissed the appeal as withdrawn.

Interest calculated solely on Trade Receivables for ALP Determination was unreasonable

September 24, 2024 879 Views 0 comment Print

When assessee had both trade receivables and trade payables, it would be unreasonable to calculate interest only on trade receivables for the purpose of determining the ALP of the transaction. AO/ TPO was directed to consider both trade payables and trade receivables for the purpose of notional interest to be charged for determining the ALP value of the transaction.

Exemption u/s 10(23C) Can’t Be Denied if AO Fails to Notify Authority on Contravention

September 23, 2024 780 Views 0 comment Print

Assessee had claimed a tax exemption under Section 10(23C)(vi) which allowed tax exemptions for educational institutions provided certain conditions prescribed by the Chief Commissioner of Income Tax (CCIT) were met.

Matter remanded as TP adjustment could not be at ‘NIL’ as determined by TPO

September 23, 2024 972 Views 0 comment Print

Assessee claimed to have receiving services in the fields of technology, Services, Risk Information Management, Head quarter, Technology Services/back office support services/treasury/regional headquarter services etc.

Non-intimation to AO before removal of company’s name from ROC, assessment was valid even if passed in name of non-existent entity

September 23, 2024 1083 Views 0 comment Print

Alena Cyprus had also filed its return of income in India for the AY 2018-19 wherein LTCG of Rs. 80,86,75,225 arising from sale of shares to assessee were declared exemption claimed under Article 13 of the India-Cyprus DTAA.

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