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Indexation Benefit for Acquisition Costs Based on Payment Year’s Index: ITAT

August 21, 2023 4125 Views 0 comment Print

Analysis of ITAT Delhi’s ruling in Bushra Javed Vs ACIT: Indexation benefits for acquisition costs based on payment year. Read the full legal insight here.

No Penalty under 271(1)(c) if income is furnished to Tax Authorities at initial assessment stage

August 20, 2023 6975 Views 0 comment Print

Ashvin Narayan Bajoria (HUF) Vs ITO (ITAT Surat) Recently the SMC Bench of Surat Income Tax Appellate Tribunal passed a judgement in the aforementioned case deleting the penalty levied by the Ld. Assessing Officer under section 271(1)(c) of the Act for concealment of income. The central point of discussion was whether or not penalty imposed […]

Addition unsustainable as genuineness of agricultural operations accepted

August 20, 2023 1086 Views 0 comment Print

ITAT Indore held that addition unsustainable as genuineness of the agricultural operations of the assesse and sales made by the assesse duly accepted.

Amount received mistakenly and returned back with interest is allowable as deduction u/s 37

August 20, 2023 1032 Views 0 comment Print

ITAT Delhi held that amount which was mistakenly received and returned with interest by virtue of order of the Court is allowable as deduction under section 37 of the Income Tax Act.

Passing of revisionary order u/s 263 without issuance of notice on subject matter is unjustified

August 20, 2023 774 Views 0 comment Print

ITAT Surat restored the matter back to the file of Pr. CIT as revisionary order under section 263 of the Income Tax Act cannot be passed without issuance of show cause notice on the subject matter. Such revisionary order is against the principal of natural justice.

Expense incurred for earning business income is allowable as business expense

August 20, 2023 564 Views 0 comment Print

ITAT Mumbai held that since service charges collected from the tenant was accepted as ‘income from business, any expenses incurred thereof is allowable as business expense.

Granted another opportunity of being heard and furnish requisite document for registration of Trust u/s 12AB

August 20, 2023 783 Views 0 comment Print

ITAT Ahmedabad restored the issue to the file of CIT(E) and directed to give another opportunity of being heard to the appellant in support of his case for registration of Trust u/s. 12AB of the Income Tax Act and also directed appellant to furnish requisite documents in the matter.

Imposition of penalty u/s 271(1)(c) without specifying the limb is bad-in-law

August 20, 2023 1746 Views 0 comment Print

ITAT Delhi held that penalty notice under section 271(1)(c) without specifying the limb is vague and ambiguous, accordingly, penalty proceedings not sustainable.

Income from technical handling services from IATP members not taxable in India

August 19, 2023 1242 Views 0 comment Print

ITAT Delhi held that the income from technical handling services received from ‘International Airlines Technical Pool (IATP) members is not taxable in India as it is covered under Article 8(2) r.w. Article 8(1) of India-France DTAA.

Receipts from sale of software licenses are not royalty income

August 19, 2023 1644 Views 0 comment Print

ITAT Delhi held that the receipts from sale of software licenses are not in the nature of royalty income. Also held that, though, such income may be in the nature of business profit, however, no part of which can be attributed to the PE in India.

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