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ITAT Upholds Addition: Failure to Explain Large Share Premium

July 31, 2023 588 Views 0 comment Print

Explore an analysis of ITAT’s ruling against Timely Commercial P. Ltd for its failure to explain large share premium received, upholding an addition.

Corporate Guarantee facility provided to overseas AE is international transaction

July 31, 2023 1116 Views 0 comment Print

ITAT Mumbai held that Corporate Guarantee facility provided to overseas AE by the assessee is an international transaction and hence addition towards Arm’s Length Guarantee Fee confirmed.

ITAT Allows Deduction u/s. 80JJAA: Revised Return Categorization Mistake corrected

July 31, 2023 1695 Views 1 comment Print

ITAT Mumbai allows the claim of deduction u/s. 80JJAA for the assessment year 2020-21, as the taxpayer had filed the original return of income on time. The claim was initially denied due to an error in categorizing the revised return as an original return.

ITAT allows capitalization of Penal Interest paid to NOIDA authority

July 31, 2023 1362 Views 0 comment Print

Explore the ITAT Delhi’s ruling on a case, ITO Vs Logix Buildcon Pvt Ltd, asserting that the interest incurred towards project expenses cannot be deducted.

ITAT Deletes Penalty u/s 271(1)(c) for Non-Disclosure in ITR Due to Accountant’s Ignorance

July 30, 2023 1638 Views 0 comment Print

In a significant ruling, ITAT Ahmedabad relieves an assessee from penalties due to accountant’s mistake. Full review of Dharmendrakumar B Mehta Vs ITO case here.

Difference in closing stock emanating from preceding years cannot be attributed to year under consideration.

July 30, 2023 2673 Views 0 comment Print

ITAT Jaipur held that the difference in the closing stock is emanating from the difference in the working for the preceding years and that such difference cannot be attributed for the year under consideration. Accordingly, order not erroneous and jurisdiction of section 263 not invocable.

TCS Provisions applicable on amounts received from illegal miners/ transporters

July 30, 2023 3429 Views 0 comment Print

Explore ITAT Raipur’s verdict on tax collection by District Mining Officer (DMO). Understand the implications of not collecting tax at source (TCS) on compounding fees from illegal miners/transporters. Analysis of Section 206C(1C) and obligations under the Income Tax Act.

Only international and not entity level transactions covered in transfer pricing adjustment

July 30, 2023 1371 Views 0 comment Print

ITAT Ahmedabad held that transfer pricing adjustment should be restricted only in respect of turnover of assessee-company relating to international transactions. In nut-shell, transfer pricing addition should be restricted only qua international transaction and not entity level transactions.

Delay in filing cross objection without plausible explanation cannot be condoned

July 30, 2023 930 Views 0 comment Print

Read the detailed analysis of ITAT Mumbai’s decision on DCIT Vs ICICI Bank Ltd., addressing disallowance of exempt income, inordinate delay, and the crucial role of interest-free funds.

Salary Receipt by NRI for Services in Morocco: India-Morocco DTAA Article 15(1) Benefit eligible

July 30, 2023 1212 Views 0 comment Print

ITAT Kolkata held that non-resident Indian who has provided services as an employee outside India (i.e. in Morocco) is entitled to claim benefit of Article 15(1) of the India Morocco DTAA.

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