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For Interest Calculation ‘month’ cannot be considered as per British calendar month: ITAT Jaipur

August 7, 2023 1872 Views 0 comment Print

The assessee company was engaged in business of trading and manufacturing of Bakery items. It filed its return on 12.03.2022 declaring total income of Rs. 14,22,15,640/-. During the year under consideration, assessee has made payment of Rs. 15,22,68,970/- on 16.02.2021 to M/s Everfoods Asia Pvt. Ltd.

Power to transfer appeals is vested with benches of ITAT & not with President

August 7, 2023 1650 Views 0 comment Print

The assessee, M/s. K.K. Patel Finance Ltd has jurisdiction in Indore. The Assistant Commissioner of Income Tax passed assessment orders, indicating jurisdiction. The parties discussed appellate jurisdiction between the ITAT and the High Court based on the Assessing Officers location. The assessees counsel requested the appeals be transferred to the ITAT Indore Bench for adjudication.

10% TDS Applicable on Payment to FSII for Availing Pilot training, rules ITAT

August 7, 2023 2310 Views 0 comment Print

The assessee is a company engaged in the business of Air Transport of Passengers and is a holder of Non-Scheduled Air Transport (Passenger) Services (NSOP) permit granted by the Director General of Civil Aviation / Ministry of Civil Aviation.

ITAT Grants registration u/s 12AB and 80G to Path Foundation

August 7, 2023 1269 Views 0 comment Print

Path Foundation’s ITAT Indore appeal results in the grant of registration u/s 12AB and 80G. Analysis of the violations and expert opinion provided. Full text of the order.

Section 271(1)(c) Inapplicable if No Income Concealment by Assessee

August 7, 2023 711 Views 0 comment Print

Read the full text of ITAT Ahmedabad’s order deleting the penalty u/s 271(1)(c) for Dineshkumar Kanjibhai Patel-HUF as no concealment of particulars or inaccurate income filing found.

Allowability of Interior Decoration Work in Rented Office as Revenue Expenditure

August 7, 2023 2127 Views 0 comment Print

ITAT Kolkata held that expenditure incurred towards interior decoration work of a rented office premises is allowable as revenue expenditure. Accordingly, disallowance of such expenditure unjustified.

Rejection of special auditor report without specifying reasons inexplicable

August 7, 2023 1407 Views 0 comment Print

ITAT Chennai held that in the present case AO himself referred the matter for special audit u/s 142(2A), however, report of special auditor was later rejected without assigning any reasons for the same is in explicable.

Short-Term Capital Loss Addition Unsustainable: Transaction Not Bogus

August 7, 2023 996 Views 0 comment Print

ITAT Jaipur held that addition towards short term capital loss treating it as bogus unsustainable as transaction of purchase and sale of shares done through banking channel and STT duly paid thereon.

ITAT Upholds invocation of Section 263 for demonetized Cash Deposit & Acceptance

August 6, 2023 1731 Views 0 comment Print

SAP Medicals Pvt. Ltd. vs. ITO: Appeal against ITAT’s 263 ruling. Explore demonetization cash deposit issue, legal analysis, and dismissal grounds.

Notice u/s 148 can be Issued on Assessee’s Failure to truly disclose Material Facts: ITAT

August 6, 2023 2163 Views 0 comment Print

In present facts of the case, the Hon’ble Tribunal set aside Notice under Section 148 by making observation that the ld. Assessing Officer failed to pinpoint the failure at the end of the assessee to disclose all material facts fully and truly, which led the escapement of income from taxation.

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