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PCIT order passed without verification of factual material is unsustainable

July 5, 2023 1068 Views 0 comment Print

ITAT Delhi held that order of the ld. PCIT passed in haste without verification of factual material, as amount alleged was in Crores as against actual transactions in Lakhs, is unsustainable.

Strategic investment not part of average value of investment for disallowance u/r 8D(2)(iii) as no exempt income earned

July 5, 2023 1275 Views 0 comment Print

ITAT Delhi held that strategic investments not yielding any exempt income during the year under consideration, the same cannot form part of the average value of investment for computing disallowance under rule 8D(2)(iii) of the Income Tax Rules.

Denial of exemption u/s 11 for non-furnishing of copy of registration u/s 12A unjustified

July 5, 2023 2499 Views 0 comment Print

ITAT Chandigarh held that mere non-furnishing of copy of registration u/s 12A cannot be held as a valid and justifiable reason for denial of exemption u/s 11 of the Act where such registration continues to exist and the assessee trust duly stand registered u/s 12A for the year under consideration.

Receipts from operation of ships in international traffic is exempt in terms of India-Singapore DTAA

July 5, 2023 813 Views 0 comment Print

ITAT Delhi held that as per Article 8 of India–Singapore DTAA receipts from operation of ships and aircrafts in international traffic is taxable in the country of residence of the recipient. Therefore, amounts received by the assessee from operation of ships in international traffic would be exempt.

ITR Due Date Extension for Tax Audit Case Not Applicable to Assessee Liable for Audit under Other Acts

July 5, 2023 29418 Views 0 comment Print

In the case of Gulu Hassanand Raney vs. Asst. Director of I.T. Bangalore-CPC (ITAT Mumbai), the Income Tax Appellate Tribunal (ITAT) dismissed the appeal regarding the extension of the due date for filing the income tax return. The appeal raised questions about whether the extended due date for tax audit cases could be applied to an assessee liable for audit under a different law. Read the full order and analysis here.

Section 40(a)(ia) of Income Tax Not Applicable in Case of Short Deduction of TDS

July 5, 2023 4494 Views 0 comment Print

In a landmark judgment, ITAT Ahmedabad overrules PCIT’s order, upholding that section 40(a)(ia) of the Income Tax Act cannot be invoked in case of short TDS deduction.

Charitable Organization not to be deprived of section 11 exemption for Technical Lapses

July 5, 2023 1188 Views 0 comment Print

A detailed analysis of the ITAT Ahmedabad’s ruling in Bhutakia Bhimasar Vs PCIT, where it was held that a charitable organization should not lose tax exemption benefits due to technical lapses.

CIT(A) Cannot Enhance Income on New Issue – Appeal against Section 143(1) Intimation

July 4, 2023 762 Views 0 comment Print

The ITAT Kolkata recently deleted an addition made on interest receipt by the CIT(A) in the case of Guruji Mercantile Pvt. Limited Vs ITO, citing lack of jurisdiction.

Assessment Order Void if lacks Document Identification Number (DIN)

July 4, 2023 2034 Views 0 comment Print

The ITAT ruling emphasizes the necessity of incorporating a Document Identification Number (DIN) in tax communication, as stipulated in the CBDT Circular 2019. Explore the detailed analysis and implications of the case.

Delayed deposit of EPF & ESI beyond stipulated period is not allowable as deduction

July 4, 2023 1731 Views 0 comment Print

ITAT Delhi held that delayed deposit of the contribution EPF & ESIC beyond the stipulated period prescribed in the respective Acts are not allowable as deduction.

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