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Amount Received from US Broadcasting Company Not Taxable as “Royalty” Under India-US DTAA

September 24, 2024 321 Views 0 comment Print

Distribution revenue received by Turner Broadcasting System Asia Pacific, Inc. ( TBSAP ), a U.S.-based company, from its Indian affiliate was not taxable as “royalty” under the Income Tax Act, 1961, or the India-U.S.

Non-issuance of notice u/s. 143(2) prior to finalizing re-assessment vitiates entire proceeding: ITAT Chennai

September 24, 2024 453 Views 0 comment Print

ITAT Chennai held that failure to issue notice u/s. 143(2) of the Income Tax Act after issuing notice u/s. 147 and prior to finalizing the re-assessment vitiated the entire proceedings. Accordingly, order quashed.

Deduction u/s. 80P(2)(d) admissible on interest earned from investment with Co-operative Banks: ITAT Mumbai

September 24, 2024 609 Views 0 comment Print

ITAT Mumbai held that deduction under section 80P(2)(d) of the Income Tax Act admissible in respect of the interest on FDR and savings account earned by co-operating housing society from investment with the Co-operative Banks.

Trust Withdraws Appeal filed with ITAT After Section 12A Registration Approval

September 24, 2024 249 Views 0 comment Print

Jay Bhavani Mata Trust withdrew its appeal after successful registration under Section 12A. ITAT Ahmedabad dismissed the appeal as withdrawn.

Interest calculated solely on Trade Receivables for ALP Determination was unreasonable

September 24, 2024 426 Views 0 comment Print

When assessee had both trade receivables and trade payables, it would be unreasonable to calculate interest only on trade receivables for the purpose of determining the ALP of the transaction. AO/ TPO was directed to consider both trade payables and trade receivables for the purpose of notional interest to be charged for determining the ALP value of the transaction.

Exemption u/s 10(23C) Can’t Be Denied if AO Fails to Notify Authority on Contravention

September 23, 2024 384 Views 0 comment Print

Assessee had claimed a tax exemption under Section 10(23C)(vi) which allowed tax exemptions for educational institutions provided certain conditions prescribed by the Chief Commissioner of Income Tax (CCIT) were met.

Matter remanded as TP adjustment could not be at ‘NIL’ as determined by TPO

September 23, 2024 336 Views 0 comment Print

Assessee claimed to have receiving services in the fields of technology, Services, Risk Information Management, Head quarter, Technology Services/back office support services/treasury/regional headquarter services etc.

Non-intimation to AO before removal of company’s name from ROC, assessment was valid even if passed in name of non-existent entity

September 23, 2024 399 Views 0 comment Print

Alena Cyprus had also filed its return of income in India for the AY 2018-19 wherein LTCG of Rs. 80,86,75,225 arising from sale of shares to assessee were declared exemption claimed under Article 13 of the India-Cyprus DTAA.

Capital Gain Exemption On Investment In Two Adjoining Properties

September 21, 2024 5556 Views 1 comment Print

ITAT Mumbai remands case on capital gain exemption for two adjoining flats under Section 54F, directing physical verification of flats by the Assessing Officer.

Section 263 Revision Untenable Without Proving Assessment Order’s Error & Revenue Prejudice

September 21, 2024 918 Views 0 comment Print

The ITAT Kolkata quashed Section 263 proceedings against Nalanda Engicon, ruling that the prior approval under Section 153D was sufficient to invalidate the revision.

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