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

December 28, 2023 7773 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 6504 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 1131 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 2793 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 2109 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.

Accommodation entry of huge amount needs further enquiry hence matter remanded

December 26, 2023 2271 Views 0 comment Print

ITAT Mumbai held that receipt of Rs 37 crores of exempt capital gain in a non-descript listed company operated by the accommodation entry provider, who has confessed that he has provided accommodations entries to the beneficiaries, including assessee remanded back to the file of AO for further enquiry.

Estimated addition without pointing out specific defect in audited books unjustified

December 25, 2023 2493 Views 0 comment Print

ITAT Delhi held that without pointing out any specific defect in the audited books of accounts, AO cannot and should not make any estimated addition. Accordingly, such estimated addition deleted.

Agricultural Land in Wife’s Name Eligible for Capital Gain Deduction u/s 54B

December 24, 2023 8553 Views 0 comment Print

Explore the Ravinder Kumar vs ITO case at ITAT Delhi. Learn how the tribunal allowed capital gain deduction under section 54B for agricultural land purchased in the name of the spouse.

ITAT’s Deletion of Addition Invalidates related Section 271(1)(c) Penalty

December 23, 2023 2316 Views 0 comment Print

ITAT has deleted the entire addition and disallowance based for imposition of penalty, the penalty imposed so cannot continue and therefore, deserves to be deleted in full with reference to aforesaid the addition & disallowance.

Disallowance of interest on loan given to subsidiary unjustified as investment was purely for commercial expediency

December 23, 2023 1926 Views 0 comment Print

ITAT Chennai held that disallowance of interest u/s 36(1)(iii) of the Income Tax Act on loans and advances given to subsidiary company unjustified as investment in subsidiary is purely for commercial expediency.

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