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DTAA Benefit Available on LTCG from Sale of Indian Entity Shares with Valid TRC

September 19, 2024 447 Views 0 comment Print

Assessee-company was engaged in the business of trading of electromechanical relays, wire and wireless equipment, high performance polymeric products, highly specialized energy related products, was subject to scrutiny.

ITAT Quashes Reassessment Order Due to Lack of Section 143(2) Notice

September 19, 2024 5100 Views 0 comment Print

ITAT Ahmedabad quashes reassessment of Specific Ceramics Ltd for FY 2008-09 due to non-issuance of mandatory notice under Section 143(2).

Section 292BB not applies in cases where mandatory notice was not issued

September 19, 2024 852 Views 0 comment Print

ITAT Ahmedabad ruled that an assessment is invalid if mandatory notice under Section 143(2) was not issued, highlighting Section 292BB’s limitations.

Section 143(3)/147 Assessment invalid Without Valid Section 143(2) Notice

September 19, 2024 12150 Views 1 comment Print

ITAT Rajkot rules on Girishbhai Nanjibhai Solanki case, addressing validity of reopening assessment and notice under sections 143(2) and 148 of Income Tax Act.

Rule 128(9) is Directory, Not Mandatory: No FTC Disallowance for Delayed Form 67 Filing

September 18, 2024 453 Views 0 comment Print

Assessing foreign tax credit claim rejected due to Form 67 filing delay. The CIT(A) upheld disallowance for AY 2020-21. Tribunal reviews COVID-19 extensions.

Foreign Tax Credit should not be disallowed for mere late filing of Form 67

September 18, 2024 582 Views 0 comment Print

ITAT Bangalore ruled on Deepak Shimoga Padmaraju foreign tax credit claim, denied due to late filing of Form 67 after the due date for the AY 2021-22.

Invocation of section 263 for delayed payment of employees’ contribution to PF/ESIC sustained: ITAT Ahmedabad

September 18, 2024 528 Views 0 comment Print

ITAT Ahmedabad held that invocation of section 263 of the Income Tax Act for issue of delayed payment of employees’ contribution to PF/ESIC justifiable as AO’s failure to examine has rendered assessment order erroneous and prejudicial to interest of revenue.

Disallowance of provision for leave encashment unwarranted as liability was inherited due to restructuring

September 18, 2024 426 Views 0 comment Print

ITAT Ahmedabad held that disallowance of provision for leave encashment unwarranted as provision was not debited to the profit & loss account of the assessee but was inherited by the assessee on account of restructuring exercise of GEB.

Disallowance u/s. 36(1)(iii) unjustified as interest-free funds exceeds loan to subsidiary: ITAT Ahmedabad

September 18, 2024 387 Views 0 comment Print

ITAT Ahmedabad held that disallowance u/s. 36(1)(iii) of the Income Tax Act unjustified as interest-free funds exceeds loan to the subsidiary and loan was advanced for commercial expediency.

Agricultural nature of land at time of sale determinative regardless of buyer’s intended use: ITAT Ahmedabad

September 18, 2024 891 Views 0 comment Print

ITAT Ahmedabad held that the agricultural nature of the land at the time of sale is determinative, regardless of the buyer’s intended use. Thus, land sold was agricultural land and hence doesn’t attract capital gain.

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