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Section 263 cannot be invoked on debatable issue of taxation of Interest under Land Acquisition Act

April 4, 2024 1065 Views 0 comment Print

Sanjay Kumar Sharma Vs PCIT (ITAT Delhi): ITAT’s ruling on interest under Land Acquisition Act as capital receipt and exempt under Section 10(37) analyzed.

No Section 56(2)(viib) addition for allotment of equity shares by Subsidiary to holding company at premium

April 4, 2024 2214 Views 0 comment Print

Rugby Regency P. Ltd appeals against denial of depreciation on windmills and addition of income under Section 56(2)(viib) of Income Tax Act. Detailed analysis of the case from ITAT Delhi.

Revision u/s 263 justified as details not examined by AO: ITAT Mumbai

April 4, 2024 726 Views 0 comment Print

ITAT Mumbai held that non-examination of the details clearly makes the order of AO erroneous and prejudicial to the interest of revenue. Accordingly, PCIT correctly assumed the revisional jurisdiction under section 263 of the Income Tax Act.

No Section 56(2)(x)(b)(B)(ii) Addition for Valuation Difference of less than 10%

April 3, 2024 6624 Views 0 comment Print

ITAT Mumbai ruled that no addition is warranted under Sec 56(2)(x)(b)(B)(ii) of Income Tax Act when difference between purchase value and fair market value is less than 10%.

Due Date for Section 36(1)(va) Commences with wages was payable’ & not when disbursed

April 3, 2024 1080 Views 1 comment Print

Explore the legal dispute between Kaarya Facilities and ITO over the interpretation of Section 36(1)(va). Due date for wages under scrutiny. ITAT Mumbai ruling analyzed.

No reassessment for Client code modification on failure to prove malafide purpose of shifting profit  

April 3, 2024 1218 Views 0 comment Print

Reassessment proceedings on the ground that assessee was one of the beneficiary of Client Code Modification (CCM) by some broker was quashed as there was no material to infer that such client code modification had been done with the malafide purpose of shifting  the profit or evasion of the tax.

ITAT directs CIT(A) to Permit Assessee to Rectify Wrong Assessment Year in Form No. 35

April 3, 2024 1830 Views 0 comment Print

Jaipur ITAT directs CIT(A) in Zila Parisad Vs ACIT to permit taxpayer to file a revised appeal memo for correction of error in mentioning assessment year in Form No. 35

No TDS on Sales Commission to Wholly-Owned Subsidiary under Section 40(a)(i)

April 3, 2024 1059 Views 0 comment Print

TDS was not to be deducted on payments to Manthan Systems Inc. (MSI) for sales commission under section 40(a)(i) as services rendered to assessee by the said Manthan Systems Inc. was not falling within the ambit of FTS or under Article 12 of the treaty, assessee was not liable to deduct TDS on the payment made to the MSI.

Failure to Record Satisfaction Renders Section 148 Notice Void & Assessment Order Void-ab-initio

April 3, 2024 1476 Views 0 comment Print

Analysis of ITAT Mumbai’s ruling on void-ab-initio notice under Section 148 & assessment order. Non-recording of satisfaction renders proceedings unsustainable.

Section 148 Notice cannot be issued to Partner for Transactions Among Partnership Firms

April 3, 2024 1614 Views 0 comment Print

Explore the case of Bhagwan Laxman Rokde Vs ITO (ITAT Mumbai) regarding validity of reopening u/s.147, taxation on undisclosed income, and partnership firm transactions.

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