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Notices on wrong email address constitutes Lack of Effective Notice & Opportunity

November 21, 2023 4503 Views 0 comment Print

Explore the ITAT Pune order on Seth Bechardas Jain Trust 80G(5) challenge. Detailed analysis of rejection, lack of notice, and violation of natural justice.

Denial of exemption to Non-Resident for failure to submit Tax Residency Certificate: ITAT Directs Re-Adjudication

November 21, 2023 6636 Views 0 comment Print

Explore the ITAT Hyderabad order in Amol Teradale vs. ITO for AY 2020-21. Key issues include tax residency certificate, DTAA benefits, and jurisdiction challenges.

No Section 194I TDS on rental payments below threshold limit

November 21, 2023 13806 Views 2 comments Print

Explore the ITAT Chennai order in ATC (Assam) Pvt. Ltd. vs. ITO-TDS for AY 2016-17. Key issues include TDS on rental payments, interest imposition, and disallowance u/s 40(a)(ia).

ALP of guarantee commission determined @0.3523% instead of 1.25%

November 20, 2023 999 Views 0 comment Print

ITAT Mumbai held that Arm’s Length Price (ALP) of guarantee commission was determined at the rate of 0.3523% instead of 1.25%.

Estimating rental value of unsold flats and notionally computing annual letting value unjustified

November 20, 2023 1437 Views 0 comment Print

ITAT Mumbai held that unsold flats which are in stock in trade should be assessed under the head “business income” and there is no justification in estimating the rental value from those flats and notionally computing annual letting value under section 263 of the Act.

Initiation of revisionary proceedings based on proposal by AO for making revision lacks jurisdiction

November 20, 2023 1197 Views 0 comment Print

ITAT Pune held that initiation of revisionary proceedings under section 263, based only on the proposal sent by AO for making revision, lacked jurisdiction and hence revisionary proceedings liable to be set aside.

Addition u/s. 2(22)(e) as deemed dividend unsustainable as debit balance was only an inadvertent error

November 20, 2023 933 Views 0 comment Print

ITAT Chennai held that addition u/s. 2(22)(e) towards amount received by shareholder company treating debit balance as deemed dividend unsustainable as debit balance was only because of an inadvertent error and the same was squared off within short period.

Disallowance of expense owing to suspension of business unsustainable in absence of closure of business

November 20, 2023 1752 Views 0 comment Print

ITAT Delhi held that disallowance of expenditure owing to suspension of business unsustainable as there is nothing on record to show that assessee has completely abandoned or closed the business forever by disposing of its assets and going into liquidation.

Donations cannot be considered as anonymous u/s. 115BBC as details of donors provided

November 18, 2023 3174 Views 0 comment Print

ITAT Delhi held that donations received cannot be considered to be anonymous donations under section 115BBC as details i.e., name, address, PAN, amount of donations of donors provided and not proved to be wrong.

Interest expense for amount advanced to subsidiary out of commercial expediency allowable

November 17, 2023 1344 Views 0 comment Print

ITAT Delhi held that amount advanced to subsidiary companies out of commercial expediency, accordingly, disallowance of interest claimed under section 36(1)(iii) of the Income Tax Act unsustainable.

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