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CIT(A) Cannot Add New Source of Income Without Enhancement Notice

March 20, 2024 1149 Views 0 comment Print

In the case of Mandeep Singh Anand Vs ACIT, the Income Tax Appellate Tribunal (ITAT) Delhi ruled that the Commissioner of Income Tax (Appeals) cannot add a new source of income without issuing an enhancement notice. Get insights into the case and the tribunal’s decision.

Revision of Reassessment Order Not Valid if no additions were made based on reasons for reopening

March 20, 2024 1458 Views 0 comment Print

Delve into the case of Paramjit Singh Vs PCIT (ITAT Delhi) regarding jurisdiction under section 263 of the Income-tax Act, 1961, and its impact on reassessment orders.

No Penalty U/s 271(1)(v) for Bona Fide Mistakes: Mumbai ITAT

March 20, 2024 1233 Views 0 comment Print

Mumbai ITAT ruled no penalty under section 271(1)(c) if bona fide mistakes in original return were corrected during assessment. Full text analysis included.

ITAT criticises CIT(A) for perfunctory defense & lack of inquiry: Remits Matter to AO

March 20, 2024 771 Views 0 comment Print

Delhi ITAT remits matter in ACIT vs Grass Valley India Pvt Ltd case, criticizing CIT(A) for perfunctory defense, lack of inquiry on expenses, and orders fresh determination.

Claim of application of income for charitable purpose u/s 11 & 12 cannot be denied on mere technicalities

March 20, 2024 951 Views 0 comment Print

Delve into the case of Asha Modern Educational Society challenging the denial of income application for charitable purpose under Sections 11 & 12 of the IT Act. Detailed analysis and conclusions provided.

Section 56(2)(viib) not applicable for allotment of share at premium to existing shareholders

March 20, 2024 2232 Views 0 comment Print

Detailed analysis of the Delhi ITAT’s ruling in ACIT Vs Dhruv Milkose Pvt. Ltd., regarding the taxation of premium charged on the issue of shares to existing shareholders under Section 56(2)(viib) of the Income Tax Act.

CIT(A) Can’t dismiss Appeal U/s. 250 without Discussion on Merit: ITAT Ahmedabad

March 20, 2024 3834 Views 0 comment Print

Babubhai Ramanbhai Patel vs DCIT – Ahmedabad ITAT rules CIT(A) must discuss case merits before dismissing appeal for non-prosecution. Full analysis here.

Taxpayer possessing Tax Residency Certificate Eligible for DTAA Benefit: Kolkata ITAT

March 20, 2024 705 Views 0 comment Print

Debarghya Chattopadhaya vs DCIT – Kolkata ITAT rules taxpayer, possessing tax residency certificate and taxed in another contracting state, deserves treaty benefit u/s 90. Full analysis here.

Rule 11UA(2)(A) Doesn’t Mandate Valuation Report for NAV Method: Delhi ITAT

March 20, 2024 2337 Views 0 comment Print

DCIT vs Continental Corrugators Pvt. Ltd. – Delhi ITAT rules Rule 11UA(2)(A) doesn’t require a valuation report for substantiation under NAV method for determining FMV. Full analysis here.

Effect of depreciation must be excluded for determining fair and true profit for purpose of TNMM: ITAT Kolkata

March 20, 2024 1176 Views 0 comment Print

ITAT Kolkata held that for determining fair and true profit for the purpose of application of Transactional Net Margin Method (TNMM), it is appropriate that the effect of depreciation must be excluded.

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