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Deeming provision u/s 69 not applicable on unrecorded transaction as nature and source explained

September 13, 2023 3366 Views 0 comment Print

ITAT Chandigarh held that transactions which were not recorded at the time of survey are unrecorded transaction, however, as nature and source of such unrecorded transaction explained the same cannot be brought to tax under the deeming provisions of section 69 of the Income Tax Act.

Section 263 Revision Sustained as AO not examined Seized Documents

September 13, 2023 762 Views 0 comment Print

ITAT Chennai held that assessment order passed without examining the seized documents is prejudicial to the interest of revenue and hence the revisionary order passed under section 263 of the Income Tax Act duly sustainable.

Addition u/s. 69A towards unexplained money based on unsigned unexecuted draft agreement unsustainable

September 13, 2023 6930 Views 0 comment Print

ITAT Delhi held that towards unexplained money u/s. 69A of the Income Tax Act merely on the basis of unsigned unexecuted draft agreement to sale without any other collaborative evidence is unsustainable in law.

Loss due to embezzlement by employees allowable as deduction u/s 28

September 13, 2023 3753 Views 0 comment Print

ITAT Mumbai held that that loss arising due to embezzlement by the employees should be treated as incidental to the business such loss so suffered is allowable as deduction under section 28 of the Income Tax Act.

TPO’s scope is limited to computing arm’s length price of a transaction

September 13, 2023 855 Views 0 comment Print

ITAT Delhi deleted TP adjustment on payment of model fee for export to AEs stating that scope of TPO is limited to determination of arm’s length price and TPO cannot adjudge commercial expediency of a transaction.

Reopening of assessment without any fresh tangible material unsustainable

September 13, 2023 1467 Views 0 comment Print

ITAT Ahmedabad held that reopening of assessment under section 147 of the Income Tax Act initiated on a mere change of opinion without any fresh tangible material unsustainable in law.

ITAT Orders Fresh Adjudication: Section 68 Addition without allowing cross-examination

September 13, 2023 1080 Views 0 comment Print

Analysis of the Shiv Charan Vs ITO case by ITAT Delhi, where a fresh adjudication was ordered on income tax addition u/s 68, focusing on procedural fairness.

Foreign Assignment Allowances for Overseas Services Not Taxable in India

September 13, 2023 1917 Views 0 comment Print

Understanding the ITAT Hyderabad decision in Durga Prasad Sana Vs ITO. Why foreign assignment allowances received outside India aren’t taxed in India.

Failure to Furnish Income Return Deemed as Concealment: Penalty Justified

September 13, 2023 1551 Views 0 comment Print

Analysis of ITAT Chennai decision on V.S.J. Marketing Pvt. Vs DCIT. ITAT upholds penalty for failure to furnish Return of Income as concealment of income.

ITAT Mumbai Imposes Cost for Ignored Tax Proceedings

September 12, 2023 648 Views 0 comment Print

ITAT Mumbai imposes a cost on Rajendra Karbhari Bodake for ignoring income tax proceedings, highlighting the need to take such matters seriously.

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