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Section 40A(3) Terms Not Absolute; Rule 6DD Circumstances Not Exhaustive

September 9, 2023 2535 Views 0 comment Print

Explore the legal battle in Smt. Shashikala Ram Kumar vs ACIT case, analyzing additions under 40(a)(ia) & 40A(3). Understand key arguments, judicial opinions, and the Tribunal decision.

Section 263: Revisionary power cannot be initiated on the basis of audit objection

September 9, 2023 2304 Views 0 comment Print

An in-depth analysis of the case between Majestic Properties Pvt. Ltd and PCIT at ITAT Delhi. The case examines the limitations of revisionary power under section 263 based on audit objections. Discover key outcomes and implications.

Gain from sale of equity shares is exempt under Article 13(4) of India-Mauritius DTAA

September 9, 2023 1470 Views 0 comment Print

ITAT Delhi held that as shares were acquired prior to 01.04.2017, gain derived from sale of such equity shares is exempt under Article 13(4) of India-Mauritius DTAA.

Addition u/s 56(2)(x) of Income Tax Act in casual manner unsustainable

September 9, 2023 6390 Views 0 comment Print

ITAT Surat held that addition under section 56(2)(x) on the Income Tax Act unsustainable as addition made in casual manner without considering payment made on account of various amenities.

Foreign tax credit eligible as form no. 67 filed before processing return

September 9, 2023 1896 Views 0 comment Print

ITAT Mumbai held that as Form No. 67 has been filed by the Appellant before the processing the return of income under Section 143(1) of the Income Tax Act, foreign tax credit is duly eligible.

Disallowance of loss claimed u/s 41 in hypothetical way needs fresh examination

September 9, 2023 1113 Views 0 comment Print

ITAT Kolkata held that disallowance of loss claimed by the assessee under section 41 of the Income Tax Act in a hypothetical way is unjustified and accordingly matter set aside for afresh examination.

Disallowance Under Section 40(a)(ia) valid for Non-TDS on NBFC Interest

September 9, 2023 14829 Views 0 comment Print

Analyzing the case of Sanjay Bajpai Builders Vs ACIT and the ITAT Raipur’s ruling on disallowance u/s 40(a)(ia) of the Income Tax Act for failure to deduct TDS on interest to NBFCs.

ITAT Mumbai Restores Set-Off Dispute: STCG vs. Non-STT Short-Term Capital Loss

September 9, 2023 933 Views 0 comment Print

Delve into the Prem Naraindas Raney Vs DCIT (ITAT Mumbai) case to understand the complexities surrounding the set-off of short-term capital loss against gains under section 70 and 71 of the Income Tax Act, 1961.

No Disallowance for delayed PF Deposit due to EPFO Portal Glitches

September 9, 2023 8133 Views 0 comment Print

Learn about the ITAT Delhi’s ruling on FIL India Business & Research Services Pvt Ltd Vs ACIT, where technical issues on EPFO’s portal excused a PF delay.

Interest income, cannot notionally be excluded while determining allowable of deduction of remuneration to partners

September 8, 2023 2529 Views 0 comment Print

ITAT held that  income for purpose of ascertaining ceiling on the basis of book profit, the profit shall be as appearing in the P & L  a/c. The interest income, thus, cannot notionally be excluded while determining allowable of deduction of remuneration to partners u/s 40(b)(v) .

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