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Addition towards LTCG sustained as no documentary evidence of lower sale consideration furnished

October 16, 2023 1995 Views 0 comment Print

ITAT Delhi held that addition towards long term capital gain sustained as assessee failed to furnish confirmation from the purchaser company as lower sale consideration was claimed by assessee.

Non-resident Services to Foreign Clients Exempt from Section 9 Provisions

October 14, 2023 1686 Views 0 comment Print

Learn about Shell Global Solutions International BV vs. DCIT case. Non-residents providing services outside India for foreign clients aren’t subject to Section 9 tax.

Section 50C not apply to property purchased/ sold as business property

October 14, 2023 5298 Views 0 comment Print

ITAT Jaipur held that provisions of section 50C of the Income Tax Act is not applicable because the immovable property was purchased/ sold as business property. Further, profit earned was duly reflected in the return of income. Accordingly, demand set aside.

Confirmation of addition by CIT(A) in absence of any evidence u/s 69A justified

October 14, 2023 1872 Views 0 comment Print

ITAT Raipur held that confirmation of addition under section 69A of the Income Tax Act towards unexplained money by CIT(A) in absence of any evidence justified as assessee adopted lackadaisical approach and evaded from participating in proceedings before CIT(A).

Revision order u/s 263 without satisfying two essential condition is unsustainable

October 14, 2023 717 Views 0 comment Print

ITAT Delhi held that invocation of revisionary power u/s 263 of the Income Tax Act without satisfying two conditions i.e. order was erroneous and it was prejudicial to the interest of revenue is unsustainable in law and liable to be quashed.

Transfer of goodwill taxable under Capital Gain and not business income

October 14, 2023 6327 Views 0 comment Print

ITAT Mumbai held that amount received by the appellant from VMI in terms of the Settlement Agreement was consideration for transfer of goodwill and the same is taxable under Capital Gains and cannot be treated as business income.

Addition u/s 68 impermissible as income estimated u/s 44AD of the Income Tax Act

October 14, 2023 5532 Views 0 comment Print

ITAT Bangalore held that as income is estimated under section 44AD of the Income Tax Act, so addition under section 68/69A of the Income Tax Act is impermissible.

Condonation of inordinate delay of 191 days without justifiable reason not granted

October 14, 2023 1266 Views 0 comment Print

ITAT Raipur held that condonation of inordinate delay of 191 days in filing of an appeal cannot be condoned without any justifiable reason. Accordingly, condonation not granted due to lack of sufficient cause.

Penalty u/s 271B not leviable as benefit of presumptive taxation upto Rs. 2 Crores available

October 14, 2023 7284 Views 0 comment Print

ITAT Jaipur held that penalty under section 271B of the Income Tax Act not leviable as the assessee is eligible to avail the benefit of presumptive taxation up to Rs. 2 Crores as per section 44D of the Income Tax Act.

No tax is payable on interest accrued as fixed deposit is under prohibitory order

October 13, 2023 6099 Views 0 comment Print

ITAT Bangalore held that as assessee has no right to receive the interest accrued on Fixed Deposits due to prohibitory order, the same is not taxable.

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