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Disallowing Expenses as ‘Prior Period Expenses’ Requires Examination of Liability Crystallization Year

May 10, 2024 3501 Views 0 comment Print

ITAT referred to principle that expenses are allowable in year of crystallization of their liability, even if they relate to an earlier period. It held that expenses crystallized in current assessment year are deductible, regardless of when they were incurred.

Manufacturing Segment Transaction Benchmarking: ITAT Upholds TNMM Method Over CUP

May 10, 2024 714 Views 0 comment Print

Read the full text of ITAT Mumbai’s order in the case of LANXESS India Pvt Ltd vs DCIT, upholding TNMM method over CUP for benchmarking export transactions under manufacturing segment.

ITAT Grants Section 54 Deduction for New Residential Property in Wife’s Name

May 10, 2024 22038 Views 0 comment Print

In the case of Gopalkrishna Pandu Shetty Vs ACIT (ITAT Mumbai), deduction under Section 54 of the Income Tax Act is allowed for a property purchased in the wife’s name. Detailed analysis and conclusion provided.

ITAT Directs Re-adjudication on allowbility of property tax paid in earlier years

May 10, 2024 1245 Views 0 comment Print

Discover the ITAT Mumbai’s order directing re-adjudication regarding the liability of property tax paid by Rare Townships Pvt Ltd on behalf of the Collector.

Section 44BB does not override provisions related to PE or DTAA benefits

May 9, 2024 774 Views 0 comment Print

Read the detailed analysis of Computer Modelling Group Ltd. vs. ACIT (ITAT Delhi) regarding interest leviable from the assessee for short payment of tax due to payer’s TDS default before FY 2012-2013.

Section 143(3) Assessment Order Void Ab Initio If Notice Issued by Non-Jurisdictional ITO

May 9, 2024 8544 Views 0 comment Print

Explore the implications of jurisdictional issues in tax assessment with the case of YKM Holdings Pvt. Ltd. vs ACIT, assessing the validity of section 143(3) assessments without proper notices under section 143(2).

Kolkata ITAT deletes Share Premium Addition as identity & creditworthiness of Subscriber Companies proved

May 9, 2024 798 Views 0 comment Print

Read detailed analysis as Kolkata ITAT removes unexplained cash credit addition in Sharda Ferro Works Pvt. Ltd. Vs DCIT case. Share capital scrutiny under section 68.

No Section 271B penalty if reasonable cause exist for delay in furnishing Tax Audit Report

May 9, 2024 1521 Views 0 comment Print

Detailed analysis of the appeal against a penalty imposed under Section 271B of the Income Tax Act by the ITAT Delhi in the case of Sanjeev Kumar Goyal vs ITO, including the reasons for the penalty dismissal.

Demonetization Deposits Not Subject to Section 69A addition if Source Explained

May 9, 2024 1893 Views 0 comment Print

In the Satishbhai Kadvabhai Sarvaiya Vs ITO case, ITAT Rajkot rules that during demonetization, deposits don’t warrant addition under U/s 69A if adequately explained.

Differences in Approved Valuer’s Opinion Not Concealment of Income: ITAT Chennai

May 9, 2024 801 Views 0 comment Print

ITAT Chennai observed that differences in valuation opinions are common, and the assessee’s claim based on an approved valuer’s report cannot be deemed as concealment of income. Citing precedents from the Madras High Court and the Supreme Court, the ITAT ruled that an incorrect claim in law does not constitute furnishing inaccurate particulars.

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