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Indexed cost of interest paid for acquisition of property not allowable

January 18, 2024 3459 Views 0 comment Print

The key dispute centered around the disallowance of deductions under section 48(ii) of the Income Tax Act related to the indexed cost of interest paid for the acquisition of a property sold by the assessee.

Royalty u/s 9(1)(vi): Broadcasting rights for live event not chargeable to tax as royalty

January 18, 2024 2019 Views 0 comment Print

ITAT Delhi held that broadcasting “Live events” does not amount to a work in which copyright subsists i.e., “Live Rights”, is not “copyright” and therefore any payment made thereto can’t be said to be chargeable to tax as royalty under section 9(1)(vi).

Section 263: Revision unjustified as AO took possible view based on available records

January 18, 2024 1047 Views 0 comment Print

ITAT Mumbai held that revision under section 263 of the Income Tax Act unjustified as AO while allowing the exemption in the order passed under section 144 r.w.s.263 has taken a possible view upon verifying the details available on record.

No Bonafide Cause: ITAT Rejects 1040 Days Appeal Delay Condonation request

January 18, 2024 783 Views 0 comment Print

The burden lies on the assessee to explain each day of the delay, and the tribunal underscored that the appellant did not substantiate her claims adequately. The reasons for the delay were deemed not bona fide and reasonable, leading to the rejection of the appeal for condonation of delay.

Increase in exempt income due to typographical error: ITAT deletes addition

January 18, 2024 1497 Views 0 comment Print

Read ITAT Mumbai’s order in Mitren Natvarlal Thakkar vs. DCIT case. Assessing typographical errors, ITAT dismisses tax evasion claims. Details in the full text.

Non-resident cannot be taxed in India unless income is proven to accrue or arise within India

January 18, 2024 5697 Views 0 comment Print

Explore ITAT Ahmedabad’s order in DCIT vs. Vimal Kanubhai Patel case. Onus on Income Tax Dept to provide evidence for taxing foreign bank credits of NRI. Full text available.

ITAT Directs Re-Adjudication: Notice Issued in Individual Name Instead of HUF

January 17, 2024 840 Views 0 comment Print

ITAT Delhi directs reassessment as notice issued to individual, not HUF, in late Pitam Singh’s case. Analysis of the grounds and implications of the decision.

Exceeding gross receipts threshold under IT Act Section 2(15) doesn’t warrant cancellation

January 17, 2024 1134 Views 0 comment Print

Charitable Registration cannot be cancelled even if  gross receipts exceeds threshold limit prescribed in proviso u/s 2(15) of Income Act, 1961 and For that particular year alone, the assessee’s activities would not to be construed as charitable activities and assessee would be subjected to tax as a normal business assessee.

Section 68: Preference Share Sale Receipt reflected in Books Not Unexplained Credit

January 17, 2024 1053 Views 0 comment Print

ITAT Bangalore held that the provisions of section 68 of the Income Tax Act cannot be applied in relation to the sales receipt of preference shares shown by the assessee in its books of accounts as sales receipt has already been shown in the books of accounts as income/loss at the time of sale only.

ITAT Orders Re-Adjudication in Bogus Purchases Case: Kalu Singh Vs ITO

January 17, 2024 1932 Views 0 comment Print

ITAT Bangalore directs re-evaluation of ex-parte assessment order on alleged bogus purchases by Kalu Singh. Detailed analysis and implications of the decision.

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