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Order passed u/s 153A invalid as same was passed on non-existing entity

December 31, 2023 1329 Views 0 comment Print

Learn how Avaada Ventures Private Limited challenged an invalid Section 153A order in ITAT Mumbai. Analysis of the case, judgment, and conclusion provided.

No addition u/s 69 for advances received against booking of flats by treating it as unexplained expenditure

December 30, 2023 1212 Views 0 comment Print

Assessee-individual was carrying out various types of business including property development, liquor shop, medicine shop and rental income. The return was selected for scrutiny by issuance of notice u/s 143(2) and 142(1).

No Section 263 Revision for Non-Limited Scrutiny Issues in Limited scrutiny cases: ITAT

December 30, 2023 693 Views 0 comment Print

ITAT Chennai rules no 263 revision for non-limited scrutiny issues. Upholds assessment order in Epimoney Pvt Ltd vs. ITO case for AY 2018-19.

ITAT condones delay in appeal filing due to ill-health of representative’s wife

December 30, 2023 1200 Views 0 comment Print

ITAT accepted appellant’s claim for condonation of delay & observed that Mr. Akolawala’s affidavit and medical certificate from Hospital supported the fact that his wife’s rare and incurable disease warranted reasonable cause for the delay.

Interest on deposits from co-op bank eligible for Section 80(2)(d) deduction

December 30, 2023 7788 Views 0 comment Print

Co-operative society received/earned interest on deposits with the co-operative bank was eligible for claim of deduction under section 80(2)(d).

Year of entering into JDA would be year of taxability under Income Tax

December 28, 2023 6270 Views 0 comment Print

ITAT Hyderabad held that as the parties have entered into registered Joint Development Agreement (JDA) on 04.04.2007 and the “Group of assessee” have also handed over possession to the TBPD pursuant to the agreement. Hence, transfer took place in the assessment year 2008-09.

Transfer of assets of partnership to retiring partners is taxable u/s. 45(4) of Income Tax Act

December 28, 2023 5607 Views 0 comment Print

ITAT Hyderabad held that transfer of assets of the partnership to the retiring partners would amount to the transfer of the capital assets in the nature of capital gains and business profits which is chargeable to tax under section 45(4) of the Income Tax Act.

Angel Tax Case: ITAT Mumbai Validates Valuation Report by Certified Valuers

December 27, 2023 735 Views 0 comment Print

Recent Mumbai Tribunal ruling reaffirms the legitimacy of fair market valuation in Angel Tax cases. Detailed analysis of PNP Maritime Services Pvt. Ltd. vs. DCIT case.

Addition u/s. 68 purely based on assumption is unsustainable in law

December 26, 2023 1956 Views 0 comment Print

ITAT Indore held that addition u/s. 68 on account of bogus long term capital gains unsustainable as the alleged transaction is not found recorded in the books of accounts including the Dmat account of the assessee. Hence, addition on the basis of assumption unsustainable.

TDS deduction on payments to Eco Development Committee matter remitted back for reconsideration

December 26, 2023 855 Views 0 comment Print

ITAT Jaipur held that requirement of TDS deduction u/s. 194C of the Income Tax Act on payments made to Eco Development Committee remanded back to AO with a direction to relook on various aspects.

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