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Mere Retracted Statement without nexus Insufficient for Section 69A Addition

March 19, 2024 807 Views 0 comment Print

Mumbai ITAT rules that a retracted statement without nexus to the taxpayer cannot justify addition under Sec 69A, offering relief to the appellant in Mayur Kanjibhai Shah Vs ITO.

Higher interest paid on unsecured loan to related party justified as loan received without any security: ITAT Mumbai

March 19, 2024 2208 Views 0 comment Print

ITAT Mumbai held that rate of interest @18% paid to related party towards unsecured loan is reasonable as rate of interest charged by bank @12% is with security, whereas, rate of interest charged on unsecured loan is without any security.

ITAT allows Product Development Expenses & Liquidated Damages

March 19, 2024 1152 Views 0 comment Print

Explore the detailed analysis of the ITAT Delhi order in the case of Himenviro Environmental Engineering Co. Pvt. Ltd. vs ACIT, focusing on product development expenses, liquidated damages, and more.

Form No. 68 Upload Error: ITAT directs AO to reconsider Section 270A immunity

March 19, 2024 2751 Views 0 comment Print

Mumbai ITAT directs AO to reconsider immunity from penalty u/s 270AA for Prathamesh Vivek Khot vs ITO. Error in Form 68 caused delay. Detailed analysis & implications.

Toll Collection Right Deemed Intangible Asset: Depreciation allowed

March 19, 2024 972 Views 0 comment Print

Mumbai ITAT allows depreciation on ‘right to collect toll tax’ on infrastructure facilities for Roadstar Investment vs ACIT. Detailed analysis and implications provided.

Reopening u/s. 148 merely based on investigation report is unjustifiable: ITAT Delhi

March 19, 2024 2397 Views 0 comment Print

ITAT Delhi held that reopening assessment under section 148 of the Income Tax Act merely based on the investigation report without concluding the nature of alleged accommodation entry is unjustifiable and liable to be quashed.

Invocation of deeming provisions of section 69 unjustified as nature and source of undisclosed income explained: ITAT Chandigarh

March 19, 2024 864 Views 0 comment Print

ITAT Chandigarh held that addition invoking the deeming provisions of section 69 r.w.s. 115BBE of the Income Tax Act unjustified as nature and source of undisclosed income/ investment duly explained by the assessee.

Section 11 exemption can’t be denied merely for Journal Sale & Subscription Income

March 19, 2024 834 Views 0 comment Print

Mumbai ITAT rules income from sale and subscription of journals not basis to deny exemption u/s 11 if not main objects of trust in ITO vs Satvichar Darshan case. Detailed analysis provided.

Retracted Statement Doesn’t Justify Treating Currency Derivative Loss as Bogus

March 19, 2024 618 Views 0 comment Print

DCIT Vs Delight Suppliers Pvt. Ltd. case by ITAT Kolkata, where currency derivative loss was deemed genuine and safe harbour rule of 5% under Section 50C was allowed.

Manufacturing & distribution activity being different it is fair to segregate both contracts: ITAT Mumbai

March 19, 2024 846 Views 0 comment Print

ITAT Mumbai held that as under distribution segment assessee is purchasing Finished Drug Formulation from its AE for sale in India and under manufacturing segment assessee is transacting with non-AEs, it is fair and reasonable to segregated contract of manufacturing activity and distribution activity. Accordingly, matter remanded.

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