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Bonus Share Issuance Not Subject to Section 56(2)(vii)(c): ITAT

September 30, 2023 693 Views 0 comment Print

ITAT Delhi rules on the taxability of bonus shares in the case of DCIT vs. Smt Aruna Chandhok. Detailed analysis of the decision and its implications.

ITAT Orders Reassessment Due to Ex-Parte Assessment Ignoring Rule 46A Evidence

September 30, 2023 1803 Views 0 comment Print

ITAT Ahmedabad directs readjudication of ex-parte assessment orders passed without considering additional evidence filed under Rule 46A of Income Tax Rules.

WDV of assets cannot be adjusted by amount of compensation for defective product

September 29, 2023 612 Views 0 comment Print

ITAT Mumbai held that amount of compensation for defective product being capital in nature cannot be adjusted from WDV of the assets.

Section 271B penalty not attracted if no books of account been maintained

September 29, 2023 2271 Views 0 comment Print

ITAT Mumbai ruling on penalty u/s.271B for non-maintenance of books of accounts by an assessee engaged in trading, financing, realty, and commodities business. Analysis of Varadagovind Parthasarthy Iyer vs ITO case.

AO’s Lack of Independent Inquiry Invalidates Unexplained Investment addition

September 29, 2023 798 Views 0 comment Print

Analysis of ACIT Vs Karsan Bhai Khimabhai Patel case where AO’s lack of independent inquiry invalidated unexplained investment addition. Learn more about ruling.

Consideration paid for testing ability of candidates doesn’t qualify as royalty hence TDS not deductible

September 29, 2023 540 Views 0 comment Print

ITAT Delhi held that consideration paid for testing the ability of candidates do not fall within the purview of royalty under Article 13 of India-UK DTAA. Hence, there is no obligation withholding of tax u/s 195 of the Income Tax Act.

Reassessment of income other than income for which AO had formed a reason is unjustified

September 29, 2023 2295 Views 0 comment Print

ITAT Jaipur held that reassessment of income under section 147 of the Income Tax Act other than income in respect of which AO has formed a reason to believe that the income has escaped assessment is unsustainable in law.

TNMM is most appropriate Method for international sale of finished goods

September 29, 2023 1320 Views 0 comment Print

ITAT Pune held that in view of huge quantitative differences, Comparable Uncontrolled Price (CUP) method cannot be applied. Hence, Transactional Net Margin Method (TNMM) is applicable in respect of international transaction of ‘Sale of Finished Goods’.

Defect Rectified Under Section 139(9) Validates Original Return from its filing date

September 29, 2023 4197 Views 0 comment Print

ITAT Kolkata held that when original return filed was defective and such defect is removed u/s. 139(9) of the Income Tax Act, the return filed u/s. 139(1) becomes a valid return from the date when it was originally filed. Accordingly, set off business income with carry forwarded business loss allowed.

Reopening u/s 148 fails as was based on material which no longer exists as being legally incorrect

September 29, 2023 1128 Views 0 comment Print

ITAT Mumbai held that the material/information on which AO have re-opened the assessment is no longer existing being legally incorrect. Hence, action of AO to have issued notice of re-opening of assessment u/s 148 of the Act itself fails.

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