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Section 10(10D) Tax Exemption for Employee on Insurance Policy Assignment by Employer

April 3, 2024 2499 Views 0 comment Print

In the Mihir Parikh Vs ACIT case, ITAT Delhi clarifies taxation on maturity proceeds of assigned insurance policies under Sec 10(10D) of Income Tax Act.

Section 263 cannot be invoked based on incorrect understanding / appreciation of facts

April 3, 2024 717 Views 0 comment Print

Analysis of Kishorkumar Bhalara Vs PCIT (ITAT Rajkot) case, where the ITAT ruled that incorrect assumption of facts alone is not sufficient to revoke jurisdiction under Section 263.

Advance from Customers Not Section 68 Income; Powers of CIT(A) Parallel to AO’s

April 3, 2024 2370 Views 0 comment Print

In the case of ITO Vs Raj Maitry & Eskon Developer, ITAT Mumbai decides advance received from customers isn’t income under section 68. Detailed analysis of the ruling.

No Section 270A Penalty if No Misreporting or Underreporting by Assessee

April 3, 2024 3636 Views 0 comment Print

Detailed analysis of Mahendra N. Patel Vs DCIT case where ITAT Ahmedabad nullifies penalty due to absence of misreporting or underreporting by the assessee.

Sale of Online Advertisement Space Not Taxable as Royalty or FTS in India: ITAT Bangalore

April 2, 2024 1575 Views 0 comment Print

ITAT Bangalore held that payment made by Google India Pvt. Ltd. to Google Ireland Limited (assessee) for sale of online advertisement space is not taxable in India as the same cannot be regarded as royalty or FTS.

Section 10(26) Exemption Limited to Individual Members of Scheduled Tribe: ITAT Guwahati

April 2, 2024 1767 Views 0 comment Print

ITAT Guwahati held that the exemption of 10(26) of the Income Tax Act is available to the individual members of the Scheduled Tribe and the said benefit cannot be extended to a partnership firm.

Commission cannot be disallowed merely for increase in Rate of Commission 

April 2, 2024 888 Views 0 comment Print

Learn how ITAT Mumbai overturned a decision to disallow excessive commission paid by Srinathji Yamunaji Enterprises, citing lack of evidence and business necessity.

Section 68 Addition Unjustified if Shares’ Purchase & Sale Validated by Evidence: ITAT Mumbai

April 2, 2024 2178 Views 0 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act unsustainable as assessee has established the genuineness of purchase and sale of shares by producing documentary evidence and transaction of purchase and sale of shares is done via banking channel.

Expenditure towards ESOP is allowable u/s 37(1) of Income Tax Act: ITAT Mumbai

April 2, 2024 2733 Views 0 comment Print

ITAT Mumbai held that the ESOP expenses claimed by the assessee is an allowable expenditure under section 37(1) of the Income Tax Act.

Order passed against non-existent entity is liable to be quashed: ITAT Delhi

April 2, 2024 1413 Views 0 comment Print

ITAT Delhi held that passing of an order in the name of an entity which has merged with another entity will make the order void ab initio. Accordingly, the impugned assessment order passed in the name of a non-existent entity is void ab initio and hence liable to be quashed.

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