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Payment to Retiring Partner is Capital Expenditure: ITAT

November 4, 2023 4767 Views 0 comment Print

Payments made as part of a settlement agreement regarding relinquishment of partnership interests are capital expenditures ITAT Pune in ITO Vs Sarsan Developers

Unabated Assessment: No addition in Absence of Incriminating Materials

November 4, 2023 2970 Views 0 comment Print

In Completed/Unabated Assessments, AO Cannot Make Additions in Absence of Incriminating Material Found during Section 132 or 132A Search

Non-Consideration of Investor Identity & Creditworthiness Evidences: Addition deleted

November 4, 2023 663 Views 0 comment Print

In the Prompt Barter Pvt. Ltd. vs. ITO case, ITAT Kolkata directs AO to remove the income tax addition due to non-consideration of evidences for identity and creditworthiness of investors.

Section 282 Mandate Violated: Notice not Emailed, Only Uploaded on IT E-filing Portal

November 4, 2023 2565 Views 0 comment Print

ITAT Delhi restores a matter to CIT(E) for re-adjudication after rejecting a charitable trust’s 80G exemption due to their failure to respond to issued notices. Analysis of the case.

ITAT Directs Submission of Sales Tax Challan for Payment Proof

November 4, 2023 1107 Views 5 comments Print

Read about the ITAT Delhi’s direction to submit sales tax documents within 6 months. Analysis of the case between Jay Polychem India Ltd and ACIT.

ITAT Upholds Section 69C addition for Bogus Purchases from Dummy Companies

November 4, 2023 5355 Views 0 comment Print

Read the full text of the ITAT Delhi order on the case of AAA Teleshopping Pvt. Ltd vs. ACIT for assessment year 2011-12, with detailed analysis and conclusions.

CUP Method Rejection Unwarranted for Uniform Hourly Charges to AEs & Third Parties

November 4, 2023 504 Views 0 comment Print

ITAT that as long as the charges for hourly services provided by appellant were uniform to AEs and third parties, rejection of CUP method was unwarranted.

Section 40(a)(ia) Inapplicable to TDS Non-Deduction on Pre-AY 2015-16 Salary

November 4, 2023 1296 Views 0 comment Print

ITAT Delhi’s decision in the case of Sumaitri Bima Distributors Pvt. Ltd vs. ITO regarding non-applicability of S.40(a)(ia) for TDS on salary before AY 2015-16.

Unproved/non-genuine purchases – ITAT reduces addition from 12.5% to 6%

November 4, 2023 843 Views 0 comment Print

Read the full text of the ITAT Mumbai order in Kailash Judhistir Sahu vs. CIT, where the addition from 12.5% to 6% for inability to produce parties of bogus purchases is restricted.

No Section 153A Addition Without Incriminating Material from Search

November 3, 2023 3132 Views 0 comment Print

Addition under Section 153A could not be made in the absence of incriminating material found during the course of a search conducted under Section 132. In case no incriminating material was unearthed during the search, AO could not reassess taking into consideration the other material in respect of completed assessments/unabated assessments.

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