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Addition cannot be made of share capital received from group companies

June 27, 2024 669 Views 0 comment Print

Explore the detailed analysis of the ITO vs. RKB Services Pvt. Ltd. case by ITAT Kolkata. Learn about the implications for share capital additions under Section 68 of the Income Tax Act.

No section 68 addition based on mere retracted statements without corroborative evidence  

June 27, 2024 1005 Views 0 comment Print

Mere reliance on statements without corroborative evidence and denying cross-examination rights cannot justify additions for share capital and share premium under Section 68

Deeming Provisions of Section 50C Not Apply to Leasehold Rights: ITAT Delhi

June 26, 2024 1887 Views 0 comment Print

ITAT Delhi rules that Section 50C deeming provisions cannot be applied to leasehold rights in the Shivdeep Tyagi vs ITO case.

Excess Stock Assessable as Business Income: Section 69B & 115BBE Not Applicable

June 26, 2024 1488 Views 0 comment Print

ITAT Chennai rules in favor of Revathi Modern Rice Mill, determining that excess stock is assessable as business income, not unexplained investment under Sec. 69B.

Section 263 revisionary power can’t be invoked solely on improper inquiry allegations

June 26, 2024 747 Views 0 comment Print

Detailed analysis of Dharam Singh Vs PCIT (ITAT Delhi) case where ITAT Delhi ruled that revisionary power can’t be invoked solely on improper inquiry allegations by AO.

Procedural lapses in filing Form 67 do not justify disallowing of FTC: ITAT Delhi

June 25, 2024 1074 Views 0 comment Print

Detailed analysis of the ITAT Delhi order on Isha Mago vs ADIT, focusing on the appeal regarding disallowance of foreign tax credit due to late filing of Form 67.

Rule 128(9) not provide for disallowance of FTC in case of delay in form 67 filing

June 25, 2024 1281 Views 0 comment Print

Explore the ITAT Delhi’s ruling in Rameshwar Prasad Shrivastava vs ITO, detailing the disallowance of foreign tax credit due to procedural lapses, implications under DTAA, and judicial precedents.

Income Tax Addition cannot Be based Solely on unsubstantiated Loose Slips

June 25, 2024 3273 Views 0 comment Print

The ITAT Bangalore ruled that income tax additions can’t be based solely on unsubstantiated loose slips, emphasizing the need for corroborative material evidence.

Alleged Bogus LTCG: AO’s Non-Addition Not Automatically makes order Erroneous

June 25, 2024 1197 Views 0 comment Print

ITAT Jaipur rules that AO’s non-addition of bogus LTCG does not make the order automatically erroneous. Detailed analysis of Vipul Kumar Modi vs PCIT case.

Section 14A disallowance based on presumptions of earning dividend income in future is unsustainable 

June 25, 2024 861 Views 0 comment Print

Read the detailed analysis of Zodiac Ventures Ltd. vs. ITO case by Mumbai ITAT regarding income tax disallowance based on presumptions of future dividend earnings. Full text of the ITAT order included.

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