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Addition towards alleged bogus purchases unsustainable as cross examination not allowed

July 12, 2023 1530 Views 0 comment Print

ITAT Delhi held that addition towards alleged bogus purchases unsustainable as cross examination of person based on which AO was drawing inferences was not allowed and payments were made through banking transactions.

Most appropriate method for determining Arm’s Length Price is internal CUP

July 12, 2023 2433 Views 0 comment Print

Held that internal CUP [internal Comparable Uncontrolled Price Method] is the most appropriate method for undertaking the determination of Arm’s Length Price.

Addition u/s 68 unsustainable as onus with respect to receipt of share application money discharged

July 12, 2023 738 Views 0 comment Print

ITAT Ahmedabad held that the assessee has discharged the onus cast under section 68 of the Act with respect to receipt of share application money. Accordingly, addition under section 68 of the Income Tax Act not sustained.

Renting income from business of letting out house properties is taxable as business income

July 11, 2023 11280 Views 0 comment Print

ITAT Ahmedabad held that assessee was engaged in business of leasing out its house properties to earn rent, income so earned as rent should be treated as business income, and not as income from house property.

Addition u/s 69 towards unexplained investment unsustainable as source for purchase duly established

July 11, 2023 8985 Views 0 comment Print

ITAT Chennai held that addition towards unexplained investment under section 69 of the Income Tax Act unsustainable as source for purchase of property duly established with necessary evidences.

Assessment u/s 153A in absence of incriminating material found during search is unsustainable

July 11, 2023 1236 Views 0 comment Print

ITAT Chennai held that the scope of assessment after search u/s.153A of the Income Tax Act would be limited to the incriminating material/evidence found during the course of search.

Loss arising in eligible SEZ undertaking can be adjusted against profits from non-SEZ units

July 11, 2023 1407 Views 0 comment Print

ITAT Bangalore held that the loss arising in eligible SEZ-STPI undertakings are not required to be adjusted against the profits arising from other SEZ-STPI undertakings and the said loss can be adjusted against profits arising from non-SEZ-non-STPI units.

When AO of searched person and other person is same there is no requirement to record satisfaction

July 11, 2023 1812 Views 0 comment Print

ITAT Ahmedabad held that when AO of searched person and other person is same, there is no mandatory requirement for AO of searched person to record satisfaction of material having found belonging to the person for valid jurisdiction under section 153C of the Income Tax Act.

Deduction u/s 80IAB duly available on car parking rental as car parking not separable from main business of SEZ

July 11, 2023 1959 Views 0 comment Print

ITAT Delhi held that that car parking cannot be separated from the main business of SEZ, hence deduction under section 80IAB of the Income Tax Act duly available on income from car parking rental.

Provisions of section 68 doesn’t apply when cash sales reflected in books of accounts

July 11, 2023 4902 Views 0 comment Print

ITAT Delhi held that provisions of section 68 of the Income Tax Act cannot be applied in relation to the cash sales receipt shown by the assessee in its books of accounts.

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