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Software eligible same rate of Depreciation as Computer System

November 2, 2023 5349 Views 0 comment Print

ITAT Chennai grants relief to Caterpillar India, allowing 60% depreciation on computer software as an integral part of computer systems. Details of the case.

ITAT Jaipur Dismisses Appeal: Non-compliance with ITD Notice

November 2, 2023 810 Views 0 comment Print

ITAT Jaipur dismisses Chiranji Lal Bairwa’s appeal due to non-compliance with ITD notice for determining land value under section 50C of Income Tax Act. Details of the case and the ruling.

Assessee Not Liable for Co-Owners’ On-Money payments: ITAT Ahmedabad

November 2, 2023 1215 Views 0 comment Print

In the case of Manish Ramanbhai Patel Vs ITO, ITAT Ahmedabad allows the appeal, emphasizing that the addition cannot be made in the hands of the assessee for on-money paid by co-owners.

Initiation of revisionary proceedings u/s 263 on aspects outside the scope of limited scrutiny untenable

November 1, 2023 1515 Views 0 comment Print

ITAT Surat held that AO cannot go beyond reason for which matter was selected for limited scrutiny. Thus, PCIT cannot pass revisionary order u/s. 263 of the Income Tax Act on other aspects outside the scope of limited scrutiny.

Initiation of reassessment proceedings u/s. 147 based on incorrect facts is invalid

November 1, 2023 4107 Views 0 comment Print

ITAT Delhi held that initiation of reassessment proceedings u/s. 147 of the Income Tax Act by AO based on incorrect facts and without any verification, examination and evaluation of report of Investigation Wing and other material is invalid and unsustainable in law.

Penalty notice u/s 271(1)(c) without specifying exact limb is bad-in-law

November 1, 2023 2850 Views 0 comment Print

ITAT Delhi held that notice issued initiating the penalty proceeding without specifying the limb of section 271(1)(c) of the Income Tax Act is bad-in-law and liable to be quashed.

Ad-hoc disallowance of expenditure without any basis is unsustainable in law

November 1, 2023 4527 Views 0 comment Print

ITAT Raipur held that ad-hoc disallowance of expenditure without specifying expenditure which was either not incurred for the purpose of business or was not substantiated by documentary evidence/material is unsustainable in law.

Section 40A(2)(b) Disallowance for Assumed Higher Sub-contracting Income is unsustainable

November 1, 2023 1575 Views 0 comment Print

ITAT Delhi held that disallowance under section 40A(2)(b) of the Income Tax Act on merely estimating that more income should have been earned from sub-contracting without bringing any comparable figures is unsustainable in law.

Booking fee collected from non-resident airlines not taxable as royalty

November 1, 2023 1035 Views 0 comment Print

ITAT Delhi held that the booking fee received by the assessee from non-resident airlines is taxable as ‘business income’ and not as ‘royalty’ u/s. 9(1)(vi) of the Income Tax Act and Article 13(3) of Indo-Spain DTAA.

ITAT upholds deletion of additions which was made for Fall in GP Ratio

November 1, 2023 690 Views 0 comment Print

ITAT rules in favor of Kortek Electronics: deletes additions for fall in GP ratio. Know more about the ruling & its implications

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