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Forfeiture of share application money being capital receipt is not taxable

September 28, 2023 3963 Views 0 comment Print

ITAT Delhi held that forfeiture of share application money being forfeiture of a kind of deposits cannot be treated as revenue receipt. The same is capital in nature and hence not taxable.

Deduction u/s 80P(2)(a)(i) available to Souharda Co-operative Society if requirement of mandatory fund is satisfied

September 28, 2023 4635 Views 0 comment Print

ITAT Bangalore held that deduction u/s. 80P(2)(a)(i) of the Income Tax Act in respect of credit facilities provided by Souharda Co-operative Society to its members if requirement of mandatory maintaining of funds as per Karnataka Souharda Sahakari Act, 1997 is satisfied.

TDS in case of ESOP is deductible at time option is exercised and shares are allotted to employees

September 28, 2023 2943 Views 0 comment Print

ITAT Mumbai held that TDS is not deductible at the time of grant of ESOP but is deductible at the time of option is exercised by employees of the assessee and shares are allotted to the employees.

Denial of deduction u/s. 80IB(10) unjustified as separate building planning permission obtained for each block

September 28, 2023 1323 Views 0 comment Print

ITAT Ahmedabad held that denial of deduction u/s. 80IB(10) of the Income Tax Act alleging non-completion of some blocks unjustified as separate building planning permission were obtained by assessee from Local Authority namely AMC for each Block as a separate housing project.

Reassessment u/s. 147 without new tangible material is unsustainable

September 28, 2023 1704 Views 0 comment Print

ITAT Delhi held that assuming jurisdiction under section 147 of the Income Tax Act without new tangible material is unsustainable and hence the entire reassessment is null and void.

Addition u/s. 56(2)(viib) by rejection of valuation determined by assessee without referring to DVO unjustified

September 28, 2023 1488 Views 0 comment Print

ITAT Mumbai held that addition towards difference of share premium u/s. 56(2)(viib) of the Act by rejecting the valuation determined by the assessee without referring the matter for valuation to DVO is unjustified. Matter remanded for referring the same to DVO.

Subsequent Intimation of DIN without quoting It on Body of Assessment Order Is Invalid

September 28, 2023 11043 Views 0 comment Print

Learn about Harish Gupta Vs DCIT case at ITAT Delhi where subsequent intimation of DIN number without quoting it on assessment order is deemed invalid.

Provision of section 115BBE doesn’t apply as source of cash deposit explained

September 27, 2023 1755 Views 0 comment Print

ITAT Chennai held that provisions of section 115BBE not invocable in case of addition u/s. 69A towards unexplained money as assessee is having only one source of income from business and claims that source for cash deposits is out of sales of the year.

Salary not taxable in India in terms of Article 15(1) of India-Netherland DTAA

September 27, 2023 2247 Views 0 comment Print

ITAT Delhi held that salary income not taxable in India both u/s. 9(1) as services are rendered outside India and also not taxable under Article 15(1) of India-Netherland DTAA as required conditions satisfied.

Order framed u/s 153C without incriminating material found during search is unsustainable

September 27, 2023 2085 Views 0 comment Print

ITAT Delhi held that the additions/disallowance, devoid of any incriminating material found during the course of search, cannot validate the assessment orders framed u/s 153C of the Act. Accordingly, assessment orders u/s 153C cannot be sustained and liable to be quashed.

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