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No Penalty on Trust for Bona Fide Error of claiming building construction expenses

September 4, 2024 756 Views 0 comment Print

ITAT Ahmedabad deletes penalty on Shree Gunatit Jyot Mahila Trust for a bona fide error in deduction claim on building construction expenses.

ITAT Dismisses Appeal Due to for Absence in 33 Consecutive Hearings

September 4, 2024 435 Views 0 comment Print

ITAT Ahmedabad dismisses P. Praful & Co.’s appeal for repeated non-appearance over 33 hearings, citing lack of cooperation and relevant documentation.

Section 263 Cannot be invoked for Section 115BBE Tax Calculation Error

September 4, 2024 3252 Views 0 comment Print

Tax calculation under Section 115BBE is a rectifiable error under Section 154, not Section 263, as it’s not derived from an Assessment order

Section 68 Invoked: Bank Statements treated as Books of Account for Individual Assessee 

September 4, 2024 11436 Views 0 comment Print

ITAT Ahmedabad orders deletion of Rs. 34.3 lakh addition under Section 68, citing deposits from known sources. Case remanded for further verification.

No tax on amount received as ‘On-Money’ from sale of Flats u/s 68

September 3, 2024 1863 Views 0 comment Print

Since the addition pertained to the “receipt of money” from the sale of flats by the assessee and these amounts did not represent the actual receipts in the hands of the assessee, they could not be subjected to tax.

Assessment order was quashed as search assessment should be computed u/s 153 instead of u/s 147

September 3, 2024 1530 Views 0 comment Print

Since there was no failure on the part of assessee to fully and truthfully disclose material facts therefore, assessment under sections 147-148 was not valid as the specific provisions of Section 153C were deemed to take precedence over the general provisions of Section 147.

Payments for Online Learning Platform Access Not Taxable as FTS under India-USA DTAA

September 3, 2024 3117 Views 0 comment Print

ITAT Delhi rules Coursera’s income from Indian customers not taxable as Fees for Technical Services (FTS) under India-USA DTAA. A key decision for online platforms.

Assessment must be completed u/s. 144 when books of accounts are rejected u/s. 145(3): ITAT Jaipur

September 2, 2024 2418 Views 0 comment Print

ITAT Jaipur held that in case the books of accounts are rejected by applying provisions of section 145(3) of the Income Tax Act then assessment must be completed under section 144 of the Income Tax Act which is not done by AO in the present case.

Addition based on notional entry without actual transfer of asset unsustainable: ITAT Raipur

September 2, 2024 855 Views 0 comment Print

ITAT Raipur held that tax implication of the gift transaction shall arise in the year in which the said asset will be sold/transferred. Thus, addition based on the notional / fictitious entry of asset made in books of account unjustified.

Software license expenditure for carrying out routine operations is revenue in nature: ITAT Mumbai

September 2, 2024 690 Views 0 comment Print

ITAT Mumbai held that software license expenditure incurred for carrying out the routine operations is revenue in nature. Hence, disallowing the same by treating it as capital unjustified. Thus, disallowance deleted.

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