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Technical know-how fee falling under category of royalty eligible for deduction u/s. 80-O

September 27, 2023 918 Views 0 comment Print

ITAT Mumbai held that technical know-how fee received by the assessee falls under the category of royalty as defined in Section 80-O of the Income Tax Act and hence is eligible for deduction u/s. 80-O of the Income Tax Act, 1961.

Revisionary proceedings u/s 263 justified as order passed without proper inquiry and verification

September 27, 2023 768 Views 0 comment Print

ITAT Mumbai held that initiation of revisionary proceedings u/s 263 of the Income Tax Act justified as assessment order was passed by AO without proper inquiry and verification with regard to claim of deduction u/s. 80IA(4).

Long term capital gain and indexation accepted for one co-owner needs to be allowed for other co-owner too

September 27, 2023 1257 Views 0 comment Print

ITAT Delhi held that once long term capital gain along with cost of acquisition and indexation accepted in the hands of one of the co-owner of the property, the same needs to be allowed/ accepted for other co-owner of the property too.

Section 263 can be invoked for Real Errors & Not to invent or explore errors

September 27, 2023 10047 Views 0 comment Print

This article discusses case of Gayatri Devi vs. PCIT (ITAT Jaipur) regarding Section 263, highlighting importance of genuine errors in assessments.

AO’s 4% Profit Estimation Without Book Rejection is invalid: ITAT Jaipur

September 26, 2023 3195 Views 0 comment Print

Explore significant ITAT Jaipur ruling in case of Kunan Mal Kalu Ram Jain vs. ITO, highlighting rejection of profit estimation without rejecting books of accounts.

Addition deleted as cash withdrawals during pre-demonetization more than cash deposited during demonetization

September 26, 2023 1398 Views 0 comment Print

ITAT Delhi held that when the assessee has shown cash withdrawals during pre demonetization period more than the cash deposited during demonetization then the source cannot be disputed. Accordingly, addition u/s. 68 deleted.

Conversion of firm to company for consideration of paid up share capital doesn’t amount to transfer

September 26, 2023 3120 Views 0 comment Print

ITAT Ahmedabad held that Sale/ conversion of business of assessee-firm as a going concern to company for consideration of paid up share capital does not amount to transfer liable to tax as capital gains.

Penalty order quashed due to insufficient service of notice

September 26, 2023 1803 Views 0 comment Print

ITAT Delhi quashed the penalty order passed under section 271(1)(b) of the Income Tax Act as service of notice by way of affixture on the Assessee cannot be construed as sufficient Service of Notice.

LIC Commission – Business or Other Sources & Allowability of expenses?

September 26, 2023 7341 Views 0 comment Print

Analysis of Purushottam Sharma vs. DCIT (ITAT Jodhpur) case. Is income from LIC commission considered business income or other sources? Explore the legal arguments and conclusions.

Weighted deduction available on all expenditure incurred on in-house research & development facility

September 25, 2023 1989 Views 0 comment Print

ITAT Ahmedabad held that assessee is entitled to claim weighted deduction on all expenditure incurred by it, on in-house research & development facility. Accordingly, restricting claim of weighted deduction u/s 35(2AB) to the extent approved by the prescribed authority i.e. DSIR unjustified.

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