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Entire reassessment proceeding illegal without issuance of notice u/s. 143(2)

December 7, 2023 1422 Views 0 comment Print

ITAT Hyderabad held that entire re-assessment proceeding is illegal and deserves to be quashed in absence of mandatory issue of notice under section 143(2) of the Income Tax Act.

Payment of club membership fees for employees allowable as business expenditure

December 7, 2023 7359 Views 0 comment Print

ITAT Mumbai held that club membership fees for employees are to be treated as business expenditure of a company under section 37 of the Income Tax Act.

CIT(A) failed to discuss additional evidence & remand report: ITAT directs de­novo adjudication

December 7, 2023 2865 Views 0 comment Print

In the case of Rohit Yadav Vs ACIT, ITAT directs de­novo-adjudication as CIT(A)[NFAC] fails to discuss additional evidence. Read the full analysis and conclusion.

Delay in filing appeal before Commissioner condoned on account of reasonable cause shown

December 7, 2023 2586 Views 0 comment Print

ITAT Mumbai held that delay of 33 months in filing appeal before Commissioner condoned on account of reasonable cause and outbreak of Covid-19. However, an amount of Rs. 51,000 directed to be deposited in the Prime Minister’s National Relief Fund (PMNRF).

Income Tax Assessment order not valid if it not contains a DIN: ITAT Delhi

December 6, 2023 1602 Views 0 comment Print

Rama Pashu Aahar (P) Ltd. Vs ACIT (ITAT Delhi): Assessment Order Deemed Invalid without Document Identification Number (DIN)

Receipts from offshore services doesn’t give rise to any income accruing or arising in India hence not taxable

December 6, 2023 1611 Views 0 comment Print

ITAT Delhi held that offshore services that involve offshore supply of drawings and designs are inextricably linked with the offshore supply of Plant and equipment. Accordingly, the receipts from offshore services does not give rise to any income accruing or arising in India and therefore not taxable under the Act.

Tax Authorities cannot step into shoes of businessmen to determine business purpose expenditure

December 5, 2023 6696 Views 0 comment Print

Income tax authorities could not step into the shoes of businessmen to determine how much expenditure should have been incurred for the purpose of business.  as an organization incurred both operating expenses as well as non-operating expenses for running the business and there were certain expenses which were not allocable to a particular activity.

Interest u/s. 244A to be calculated by adjusting refund amount towards interest and balance towards tax

December 4, 2023 9003 Views 0 comment Print

ITAT Mumbai held that the amount of interest u/s. 244A of the Income Tax Act is to be calculated by first adjusting the amount of refund already granted towards the interest component and balance left if any shall be adjusted towards the tax component.

Investment beyond six months in NABARD Bonds cannot be considered for claiming exemption u/s. 54EC

December 4, 2023 1035 Views 0 comment Print

ITAT Mumbai held that investment in NABARD Bonds beyond the specified time of six months cannot be considered for claiming exemption under the provisions of section 54EC of the Income Tax Act.

Income in case of life insurance business should be computed as per section 44 of Income Tax Act

December 4, 2023 2025 Views 0 comment Print

ITAT Mumbai held that in case of life insurance business, the income should be computed as per provisions of section 44 of the Income Tax Act and to be taxed under section 115B.

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