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Article 13(4) of India-Mauritius DTAA exempts sale of shares acquired prior to 1st April 2017

February 10, 2024 1716 Views 0 comment Print

ITAT Mumbai held that benefit of Article 13(4) of India Mauritius tax Treaty duly available to Mauritius registered assessee, having Tax Residency Certificate, for sale of shares which were acquired prior to 1st April 2017.

No Time Limit for Existing Charitable Trusts to File Form 10AB: ITAT Pune

February 10, 2024 4287 Views 0 comment Print

ITAT Pune held that time limit 6 months in filing of an application in Form 10AB for approval u/s 80G doesn’t apply to those trust/institutions which have already started charitable activities before obtaining Provisional Registration.

Transferee Undertaking Eligible for Deduction u/s. 80IA(4) for Remaining Period: ITAT Mumbai

February 10, 2024 882 Views 0 comment Print

ITAT Mumbai held that in case of transfer of undertaking deduction u/s. 80IA(4) of the Income Tax Act for remaining unexpired period duly admissible to transferee when transferor and transferee should jointly intimate to the Department of Industrial Policy and Promotion.

Errors in selection of comparables: ITAT Delhi Remits Matter back to TPO/AO

February 9, 2024 990 Views 0 comment Print

In the case of American Express Services India Ltd. Vs DCIT, Delhi ITAT remits the matter for correct market segment selection, following earlier order. Full text of the ITAT Delhi order included.

No Penalty for Excessive Depreciation Claim Due to bona fide Mistake

February 9, 2024 2499 Views 0 comment Print

Mumbai ITAT quashes penalty in DCIT vs Sasan Power Ltd case, ruling that furnishing inaccurate expenditure claim does not constitute inaccurate particulars of income, citing bona fide mistake.

Mere allegations insufficient to disallow section 35-AC deduction: ITAT Mumbai

February 9, 2024 915 Views 0 comment Print

ITAT Mumbai decides on a case involving the disallowance of Section 35-AC deduction, emphasizing the importance of tangible evidence over mere allegations.

ITAT Mumbai restricts addition for Bogus purchases to 10% of disputed purchases

February 9, 2024 1734 Views 0 comment Print

Analysis of Leelaben Kantilal Parekh Vs ITO (ITAT Mumbai) case discussing the validity of a reopening notice under section 148 and addition under section 69C for bogus purchases.

Addition under Section 68 Unjustified Without Falsity in Identity Documents: ITAT Delhi

February 9, 2024 1812 Views 0 comment Print

ITAT Delhi held that AO is not justified in adding unsecured loan received u/s. 68 as AO has rejected the evidences furnished by the appellant without establishing falsity of the documents. Further, documents duly proved identities and source of investors.

Reassessment Based on Previously Examined Facts Unacceptable: ITAT Mumbai

February 9, 2024 756 Views 0 comment Print

ITAT Mumbai held that initiation of reassessment proceedings on account of change of opinion formed on re-appraisal of the facts already on record and examined during the regular assessment proceedings is liable to be quashed.

Transaction not become bogus merely for non response to section 133(6) notices: ITAT Mumbai

February 9, 2024 7020 Views 0 comment Print

ITAT Mumbai held that non-response to notice u/s. 133(6) of the Income Tax Act by some parties that does not prove that the entire transactions are bogus especially when all other documents to prove the identity and creditworthiness of the parties have been submitted

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