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Unaccounted Sales’ Net Profit Rate Must Be Justifiable, Not Adhoc: ITAT Rajkot

February 13, 2024 1977 Views 0 comment Print

ITAT Rajkot rules in favor of Conor Granito P. Ltd., setting a justifiable net profit rate on unaccounted sales based on business nature, dismissing Revenue’s appeal for a higher rate.

Proviso to sec. 2(15) conditions to be fulfilled as publishing advertisement intrinsically linked with activity of trust

February 13, 2024 1971 Views 0 comment Print

ITAT Mumbai held that the activity of the trust for publishing advertising in the newspaper is intrinsically linked for newspaper activity falls within the ambit of sub-clause (i) of Subsection 2(15) and conditions imposed in sub-clause (ii) of the proviso has to be fulfilled.

ITAT Ahmedabad Deletes Penalty for Income Escapement on income disclosed voluntarily

February 13, 2024 1461 Views 0 comment Print

ITAT Ahmedabad rules in favor of Kapilaben Patel, deleting the penalty under Section 271(1)(C) for undisclosed income, highlighting voluntary disclosure’s importance.

Commencement of Activities Before 80G(5) Application Doesn’t Bar Future Tax Benefits

February 13, 2024 2547 Views 0 comment Print

ITAT Kolkata sets precedent by allowing a trust to seek Section 80G approval despite past activities, emphasizing the importance of provisional registration.

Profit Size Doesn’t prove Company Authenticity or Transactions in Penny Stock Cases

February 13, 2024 933 Views 0 comment Print

Kolkata ITAT upholds LTCG disallowance in Brajesh Narnolia Vs ITO, emphasizing that a company’s genuineness isn’t judged by the magnitude of profit.

Co-op Society’s Interest Income from Co-op & Scheduled Bank Deposits Eligible for 80P(2) Deductions

February 13, 2024 2619 Views 0 comment Print

Pune ITAT rules in favor of a Co-operative Society, affirming that interest income from Co-operative/Scheduled Banks qualifies for deduction under section 80P(2).

Subscription, professional and training services not FTS hence not taxable: ITAT Delhi

February 13, 2024 1905 Views 0 comment Print

ITAT Delhi held that subscription, professional and training services rendered by the assessee do not fall within the definition of FTS under India-Netherland DTAA and, therefore, cannot be taxed in India.

Substitution of sale consideration or investment cost by FMV outside purview of sec. 50C and 56(l)(vi)/(vii) prohibited

February 13, 2024 1557 Views 0 comment Print

ITAT Delhi held that “full value of consideration” or “cost of investment” cannot be substituted by the fair market value (FMV), except in the case falling within the purview of 50C and Sec. 56(l)(vi)/(vii) of the Income Tax Act.

Section 80P(2)(d) Deduction eligible on Interest Income of Co-Op Societies from Investments in Unlicensed Co-op Banks

February 13, 2024 1671 Views 0 comment Print

ITAT Bangalore rules in favor of Minority Co-op. Credit Society Ltd. on interest income deduction under section 80P(2)(d) from unlicensed co-op bank investments for AY 2017-18.

ITAT disallows cost of improvement incurred by Company for individual’s flat

February 13, 2024 777 Views 0 comment Print

ITAT Pune rules against a company’s claim for improvement costs on an individual’s flat in Arun Tulshidas Kharat Vs DCIT case. Detailed analysis and implications here.

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