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Vessel Damage Payments, Capital in Nature and Not fall under Section 5(2): ITAT

January 19, 2024 360 Views 0 comment Print

ITAT Ahmedabad upheld decision of CIT(A), ruling in favor of Nirma Limited. The nature of payments for vessel damage was deemed as reimbursement and capital in nature, not falling under Section 5(2) of the Act. The appeal by Revenue was dismissed, affirming the cancellation of TDS deduction on the payment of USD 4,50,000.

Taxation of Firm’s Income Exclusively in Firm’s Hands, Not Partners: ITAT Mumbai

January 19, 2024 837 Views 0 comment Print

Ketan Tokershi Shah Vs DCIT (ITAT Mumbai) Income belonging to firm whether disclosed or undisclosed can be taxed only in the hands of the firm and not in the hands of partner

ITAT deletes unexplained cash credit addition of Rs. 3 crore, stemming from unsecured loans

January 18, 2024 5307 Views 0 comment Print

The appeal challenges the order dated 14th June 2023, passed under section 250 of the Income Tax Act, 1961. The primary issue revolves around the addition of Rs.3,00,00,000/- as unexplained cash credit on account of unsecured loans.

ITAT Mumbai Remands Case for Fair Hearing on Assessment Order

January 18, 2024 267 Views 0 comment Print

Explore the ITAT Mumbai’s remand of Nitin Amratlal Brahmbhatt’s case against ACIT-24(3) on the assessment order under Income Tax Act. Fair opportunity of hearing mandated.

 ITAT allows deduction of Rs. 26 Cr  of Unbilled Revenue written off

January 18, 2024 1125 Views 0 comment Print

Read the full text of ITAT Hyderabad’s order in Pennar Industries Ltd vs DCIT case for A.Y.2018-19. Unbilled revenue cannot be considered income once written off.

Computation of capital gains tax on sale of agricultural land converted into non-agricultural land

January 18, 2024 3648 Views 0 comment Print

Case of Ilaben Bharatbhai Amin vs ITO, recently decided by ITAT Ahmedabad, delves into intricacies of calculating capital gains tax arising from sale of agricultural land that undergoes conversion into non-agricultural land before sale.

CIT(A) cannot exercise enhancement power on issue not dealt by AO

January 18, 2024 927 Views 0 comment Print

ITAT Mumbai held that CIT(A) cannot exercise the power to enhance u/s. 251(1) where AO has not dealt with the issue and has not applied his mind on the taxability or non-taxability of a specific matter. Accordingly, exercise such power by CIT(A) will be beyond his jurisdiction.

Partnership Firm not obliged to levy interest or partner remuneration if not stipulated in deed

January 18, 2024 4461 Views 0 comment Print

The taxpayer vigorously argued that the disallowance was unwarranted as the supplementary partnership deed explicitly waived interest on capital and remuneration.

Indexed cost of interest paid for acquisition of property not allowable

January 18, 2024 2826 Views 0 comment Print

The key dispute centered around the disallowance of deductions under section 48(ii) of the Income Tax Act related to the indexed cost of interest paid for the acquisition of a property sold by the assessee.

Royalty u/s 9(1)(vi): Broadcasting rights for live event not chargeable to tax as royalty

January 18, 2024 1011 Views 0 comment Print

ITAT Delhi held that broadcasting “Live events” does not amount to a work in which copyright subsists i.e., “Live Rights”, is not “copyright” and therefore any payment made thereto can’t be said to be chargeable to tax as royalty under section 9(1)(vi).

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