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Determination of ALP of intra group services as NIL not sustained as reasonable documents maintained

July 4, 2023 1587 Views 0 comment Print

ITAT Mumbai held that determination of Arm’s Length Price (ALP) of intra group services at Rs. Nil is not justified as the assessee has maintained a reasonably sound documentation of intra group services.

No Interest for TDS Payment Delay Due to Technical Glitches

July 4, 2023 1581 Views 0 comment Print

The ITAT Delhi directed to delete interest charged u/s 201(1A) of the Income Tax Act in the case of New Delhi Television Ltd, establishing a significant precedent.

ITAT Rules Against Double Taxation on Unaccounted Share Capital

July 4, 2023 591 Views 0 comment Print

ITAT Delhi, in a significant ruling, held that no addition can be made on unaccounted share capital if it has already been taxed under the category of ‘Source of Income’. Dive into the intricate details of the case: DCIT Vs Subhshree Investment Management Pvt Ltd.

Addition of advances received as deemed dividend unsustainable as it is purely business transaction

July 4, 2023 996 Views 0 comment Print

ITAT Kolkata held that addition of advances received by the company as deemed dividend in terms of provisions of section 2(22)(e) of the Income Tax Act unsustainable as advances are received from the concerns purely as business transaction.

Delay in filing return and Form No. 67 is not fatal to claim Foreign Tax Credit

July 4, 2023 1881 Views 0 comment Print

ITAT Bangalore held that delay in filing the return and Form No.67, beyond period under section 139(1) of the Act, is not fatal to the claim of FTC. Foreign Tax Credit duly available in respect of income taxable in India and received outside India for the amount of taxes paid outside India.

No Penalty u/s 271(1)(c) for mere Incorrect Claim

July 4, 2023 3156 Views 0 comment Print

ITAT Ahmedabad held that making of incorrect claim in law cannot tantamount to furnishing of inaccurate particulars or concealment of income. Therefore, the penalty under section 271(1)(c) of the Income Tax Act not sustainable.

Embezzlement Loss in Charitable Trust’s Activities allowable

July 4, 2023 1008 Views 0 comment Print

ITAT Chandigarh held that loss incurred on account of embezzlement during the course of day to day carrying out of charitable activities by the trust is revenue loss and duly allowable.

Addition towards cash deposited during demonetization set aside for de novo proceedings

July 3, 2023 14193 Views 0 comment Print

ITAT Lucknow sets aside additions made for cash deposits during demonetization in Shiva Goods Carrier Pvt Ltd vs DCIT, orders de novo proceedings under section 68 of the Income Tax Act.

Land transferred at the time of execution of Development Agreement cannot be taxed in year of Sale Agreement

July 3, 2023 6135 Views 0 comment Print

ITAT Mumbai held that land was transferred to the builder/ developer at the time of execution of Development Agreement i.e. 18/01/2008 and accordingly, the same cannot be taxed in the year of agreement of sale i.e. A.Y. 2010-2011.

Exemption u/s 11 available against receipt of trust from activities like sale of plots/ flats

July 3, 2023 2610 Views 0 comment Print

ITAT Chandigarh held that receipts of the assessee trust from its activities of sale of plots, flats and commercial booths and also its income earned form non-construction fee, transfer fee, penal interest and compounding fee, etc., are held to be entitled for exemption under Section 11 of the I.T. Act.

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