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ITAT Orders Denovo Adjudication on Assessee-Tax Consultant Miscommunication

August 30, 2023 558 Views 0 comment Print

Mohanlal S. Gachi’s case in ITAT Mumbai revisited due to communication errors between assessee & tax consultant. Learn more about the adjudication process.

Assessee Unaware of New Faceless System; Case Restored for Fresh Assessment by ITAT

August 30, 2023 1074 Views 0 comment Print

Analysis of Royal Bombay Yacht Club vs. ITO case where ITAT Mumbai rules that unawareness of the assessee towards the new faceless system cannot be a reason for a significant addition. Full text of ITAT order included.

ITAT Quashes Revision Order: Auditor’s Mistake in Tax Audit Report

August 30, 2023 2445 Views 0 comment Print

Analysis of the ITAT Ahmedabad’s ruling on Bharatbhai Makwana Vs PCIT. Delving into the implications of incorrect terminologies in tax audit reports relating to granule purchases.

Reselling of Hardware and Software Not ‘Royalty’ under India-Singapore DTAA

August 30, 2023 567 Views 0 comment Print

ITAT Delhi rules that receipts from reselling hardware and software packages by Avnet Asia Pte Ltd aren’t considered ‘Royalty’ under India-Singapore DTAA.

ITAT Mumbai Directs Readjudication on FTS Tax Deduction for AO’s Oversight

August 30, 2023 399 Views 0 comment Print

ITAT Mumbai’s ruling in Spark44 vs. ACIT case highlights failure to consider India UK DTAA provisions for tax deduction on FTS. Analysis and conclusion included.

Late TDS Deposit Interest not deductible as Business Expenditure

August 30, 2023 987 Views 0 comment Print

Analysis of Shiva Pharmachem Ltd vs. DCIT case where ITAT Ahmedabad rules no disallowance under section 14A of Income Tax Act without any exempt income. Full text of ITAT order included.

Return return accepted by Sales Tax Dept binds income-tax authorities

August 30, 2023 567 Views 0 comment Print

ITAT Chennai ruling in Aruljothi Exports vs. ACIT case establishes that Income Tax Dept cannot scrutinize sales tax returns accepted by Commercial Tax Dept. Analysis and conclusion included.

Depreciation u/s 32 not available in absence of any business activity

August 29, 2023 1458 Views 0 comment Print

ITAT Delhi held that depreciation under section 32 of the Income Tax Act not available as the assessee is not carrying on any business activity.

Disallowance of staff welfare expenditure resorting to adhoc base unsustainable

August 29, 2023 2790 Views 0 comment Print

ITAT Delhi held that disallowance of staff welfare expenditure on the adhoc basis unsustainable as AO failed to establish as to who the expenses are not incurred for business purpose.

Addition u/s 68 unsustainable as identity, creditworthiness and genuineness of transaction established

August 29, 2023 3126 Views 0 comment Print

ITAT Delhi held addition u/s 68 of the Income Tax Act unsustained as assessee duly satisfied the initial onus i.e. identity, creditworthiness and genuineness of the transaction established.

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