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Audit report submission Delay due to partners health issues: ITAT deletes Section 271B Penalty

August 1, 2024 864 Views 0 comment Print

ITAT Chennai deletes Section 271B penalty for audit delay due to partner’s health issues in Balaji Logistics case. Learn about the key details and implications.

Addition already finalized u/s. 143(3) cannot be added again vide order u/s. 144: ITAT Mumbai

August 1, 2024 777 Views 0 comment Print

ITAT Mumbai held that passing of assessment order u/s. 144/147 making addition of alleged bogus purchase which is already added vide assessment order passed u/s. 143(3)/147 and has attained finality is unsustainable and liable to be quashed.

Deemed dividend u/s 2(22)(e) doesn’t apply to advances to director for commercial purpose: ITAT Bangalore

August 1, 2024 1224 Views 0 comment Print

ITAT Bangalore held that advances given to the director by the company for commercial purpose is outside the ambit of provisions of deemed dividend as provided under section 2(22)(e) of the Income Tax Act.

No tax on amount paid for certification services rendered by foreign entities in absence of fixed place of business in India

August 1, 2024 2694 Views 0 comment Print

Understand the Ahmedabad ITAT ruling that payments for certification services by foreign entities are not taxable in India without a fixed place of business. Full order analysis.

Penalty u/s 271G untenable as no transfer pricing adjustment possible due to omission of section 92BA(i): ITAT Mumbai

August 1, 2024 558 Views 0 comment Print

ITAT Mumbai held that no transfer pricing adjustment could have been made in the hands of assessee on account of ALP of specified domestic transactions as section 92BA(i) of Income Tax Act was omitted. Thus, since provisions of section 92D are not applicable, penalty u/s. 271G of the Income Tax Act untenable.

Weighted deduction u/s 35(2AB) for clinical trials outside approved R&D facilities allowed: ITAT Hyderabad

August 1, 2024 1035 Views 0 comment Print

ITAT Hyderabad held that weighted deduction u/s 35(2AB) of the Income Tax Act in respect of clinical trials expenses incurred outside approved R&D facilities is allowable post approval by prescribed authority.

Provisions of section 56(2)(x) of Income Tax Act doesn’t apply to developer: ITAT Mumbai

August 1, 2024 1995 Views 0 comment Print

ITAT Mumbai held that provisions of section 56(2)(x) of the Income Tax Act does not apply to developer who has taken over the possession of lawn or building or both for the purpose of the development.

Interest from FD linked to business activities is business income: ITAT Mumbai

July 31, 2024 1809 Views 0 comment Print

CIT(A) decides that interest income from FD linked to business activities is correctly classified as business income, not “Income from Other Sources.

Right to collect toll is intangible asset & eligible for 25% depreciation: ITAT Delhi

July 31, 2024 1008 Views 0 comment Print

Detailed analysis of the ITAT Delhi verdict in BSC C and C Kurali Toll Road Ltd. vs ACIT, addressing key tax dispute issues and depreciation claims.

Exemption u/s 10(38) admissible even if STT not paid on shares acquired on or after 01.10.2004: ITAT Mumbai

July 31, 2024 1620 Views 0 comment Print

ITAT Mumbai held that since the shares were acquired on or after 01.10.2004, the assessee would be entitled to claim exemption of LTCG u/s 10(38) of the Income Tax Act even if the Securities Transaction Tax (STT) was not paid at the time of acquisition.

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