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TP adjustment deleted as ALP of ESOP expenses cannot be taken as NIL

October 11, 2023 1983 Views 0 comment Print

ITAT Mumbai held that TP adjustment in respect of international transaction of reimbursement of Employee Stock Option Plan (ESOP) Expenses deleted as Arm’s Length Price (ALP) of ESOP expenses cannot be taken as NIL.

Addition u/s 68 towards unexplained unsecure loan unsustainable as onus duly discharged

October 11, 2023 2208 Views 0 comment Print

ITAT Delhi held that addition u/s. 68 towards unexplained unsecured loan unsustainable as the onus which lays upon the assessee to explain that the entries made are real and not fictitious, has been duly discharged.

Matter set back to AO to verify source of addition u/s 69C as explained before settlement commission

October 11, 2023 2043 Views 0 comment Print

ITAT Mumbai held that with regard to addition under section 69C of the Income Tax Act it is directed to set the matter back to AO to verify whether the source for the additions made in the hands of the assessee is explained through the settlement made before the settlement commission.

Penalty u/s 270A unsustainable as non-declaration cannot be equated as underreporting of income

October 11, 2023 2799 Views 0 comment Print

ITAT Mumbai held that penalty under section 270A of the Income Tax Act unsustainable as non-declaration of interest on income tax refund was bona fide and cannot be said to be underreporting of income.

Payments to doctors by a hospital- Salary or Professional charges

October 11, 2023 9267 Views 0 comment Print

Explore the case of ACIT (TDS) Vs Victor Hospitals & Medical Services Limited, where the ITAT Panaji determined TDS under Section 194J for consultant doctors.”

TDS not deductible on Interest payment to AU Financiers (India) Ltd.

October 11, 2023 1575 Views 0 comment Print

In case of Maharaja Ganga Mahal vs. ITO (TDS) in ITAT Delhi, where TDS exemption was claimed for interest payments to AU Financiers. Learn outcome and implications

Ex-Parte Order Due to Non-Attendance by consultant: ITAT Remits Matter to AO

October 11, 2023 1881 Views 0 comment Print

In an ex-parte order due to non-attendance, ITAT remits the case of Ravi Prakash Sharma vs. ITO back to the Assessing Officer. Get the full text of the order here.

Corpus donations being capital in nature is not taxable

October 10, 2023 5424 Views 0 comment Print

ITAT Ahmedabad held that corpus donations are capital in nature and hence cannot be added to the income of the assessee and hence not taxable.

TDS u/s. 194H not deductible as payments to gateway providers are not brokerage

October 10, 2023 8502 Views 0 comment Print

ITAT Bangalore held that the payments made to gateway providers are not brokerage and TDS u/s. 194H of the Income Tax Act is not liable to be deducted.

Addition u/s. 68 unsustainable as burden duly discharged by filing required documents

October 10, 2023 717 Views 0 comment Print

ITAT Delhi held that addition under section 68 of the Income Tax Act treating share application money from undisclosed source unsustainable as burden duly discharged by filing confirmation, affidavit, copy of income tax return and bank statement of respective parties.

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