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Section 50C Inapplicable to Assessee in Property Redevelopment Business: ITAT Mumbai

March 22, 2024 2478 Views 0 comment Print

Explore the case of Tirupati Developers vs ACIT where ITAT Mumbai ruled no section 50C addition for PGBP income in a redevelopment project.

ITAT Directs AO to allow Commission paid to Agents as Business Expense

March 22, 2024 1620 Views 0 comment Print

Read the detailed analysis of ITAT Kolkata’s decision in Jai Trading Co. vs. ITO regarding the allowance of commission payments as business expenses. Full text included.

ITAT Orders Re-adjudication for LTCG of Canceled Property Sale

March 22, 2024 636 Views 0 comment Print

ITAT Bangalore directs re-examination of Long-Term Capital Gains (LTCG) dispute concerning a property whose sale was canceled by a Civil Court. Details of Mangalagiri Tulasi Vs ITO case.

Section 263 Assessment: AO Obliged to Apply Mind & Pass Reasoned Order

March 22, 2024 1941 Views 0 comment Print

The computation of income by AO giving effect to CIT’s direction was an assessment order which was appealable. The order passed by CIT(A), therefore, holding the assessment order to be not appealable was incorrect in law.

Receipt from hotel owners for providing various centralized services cannot be treated as FIS

March 22, 2024 528 Views 0 comment Print

ITAT Delhi held that revenue received from various hotel owners for providing various centralized services cannot be treated as fees for included services (FIS) either under Article 12(4)(a) or 12(4)(b) of the India-US tax treaty. Thus, in absence of PE in India, the same is not taxable.

State Government Loans not attracts Section 43B(d) disallowance: ITAT Pune

March 22, 2024 729 Views 0 comment Print

In Tokai Sahakari Sakhar Karkhana Ltd vs ITO (ITAT Pune), ITAT rules that loan received from State Government is not subject to S.43B(d) of Income Tax Act, 1961. Full text analysis here.

Advance for Flats: Recognizing Revenue on Risk Transfer & Buyer’s Transfer Rights- ITAT

March 22, 2024 2253 Views 0 comment Print

In the case of Cavalcade Properties Pvt. Ltd. vs. DCIT, ITAT mandates re-evaluation of advances against flat bookings, challenging revenue recognition methods.

ITAT deletes Section 68 addition of Advance received against Sale

March 22, 2024 2451 Views 0 comment Print

Read the detailed analysis of Hiral Exports vs ITO case where ITAT Mumbai deletes Rs.40,82,500 addition under section 68 of the Income Tax Act due to failure to rebut evidence.

Date of transfer of share is date of contract and not date of agreement: ITAT Mumbai

March 22, 2024 4491 Views 0 comment Print

ITAT Mumbai held that the date of the agreement by no stretch of imagination could be the date of sale of the shares by the assessee. As date of contract of sale would be date of fulfilment of conditions specified in share purchase agreement, date of contract will be treated as date of transfer.

Interest & Dividend from Investments between Co-op Societies Eligible for Section 80P(2)(D) Deduction

March 21, 2024 1917 Views 0 comment Print

In a case between Konkan Education Society Sevak Sahakari Patpedhi Ltd and ITO, ITAT Pune rules interest & dividend from cooperative investment deductible under Income Tax Act.

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