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Dividend distribution tax is a tax on domestic company distributing dividend

July 2, 2023 1050 Views 0 comment Print

ITAT held that dividend declared, distributed or paid by a domestic company to non resident shareholder (s) attract additional income tax (tax on distributed profits) referred to in section 115-O of the Act, such additional income tax payable by the domestic company  shall be at the rate of mentioned in section 115-O of the Act and not at the rate of tax applicable to the non resident shareholder(s) as specified in the relevant DTAA with reference to such dividend income.

ITAT Allows Depreciation on Asset Kept Ready for Use but Actually not Put to Use

July 2, 2023 2892 Views 0 comment Print

A comprehensive review of the recent ITAT Delhi’s ruling on Span Air Pvt Ltd Vs ACIT case, which offers key insights on depreciation claims under section 32 of the Income Tax Act.

ITAT Upholds disallowance for belated employees’ contributions to PF/ESIC

July 1, 2023 837 Views 0 comment Print

Learn about the pivotal judgement in the BT Data & Surveying Services India Pvt Ltd Vs ITO case, where ITAT Delhi upholds disallowance for belated employees’ contributions to PF/ESIC.

Delayed Employee Contribution to ESI/PF disallowed in Section 143(1) Proceedings

July 1, 2023 4311 Views 0 comment Print

Understand the recent ruling by ITAT Delhi in the case of Savleen Kaur Vs ITO, affirming that a delayed deposit of Employees Contribution to ESI/PF can be disallowed by CPC in Section 143(1) proceedings.

ITAT upheld disallowance of Belated Employee Contribution to EPF/ESIC in Section 143(1) Proceedings

July 1, 2023 1401 Views 0 comment Print

Learn about the latest judgement from ITAT Delhi, where it upheld the disallowance of belated employee contributions to EPF/ESIC in section 143(1) income tax proceedings.

Arriving at Arm’s Length Price as NIL without giving contrary finding is unsustainable

July 1, 2023 1521 Views 0 comment Print

ITAT Mumbai held that the TPO is not correct in arriving at the ALP as NIL on the ground that the need and benefit test is not satisfied by the assessee without giving any contrary findings with regard to the various documents including the TP study submitted by the assessee.

Penalty for late filing of Profession Tax Return is not allowable as business expense

July 1, 2023 8253 Views 0 comment Print

ITAT Mumbai held that penalty levied for late filing of Profession Tax Return is penal in nature accordingly is not allowable as business expenditure.

Failure to collect TCS – ITAT quashes order passed beyond limitation period

July 1, 2023 912 Views 0 comment Print

In Nisarahmed Abdulsattar Vs. ITO, ITAT Ahmedabad quashes the Assessment Order for failure to collect TCS on the sale of metal scrap before the limitation period. Read the full order here.

No section 40A(3) disallowance for cash payment for land on sellers demand

June 30, 2023 10536 Views 0 comment Print

Delve into the detailed analysis of the Monika Chitrasen Patil Vs ITO case by ITAT Pune. Understand the context, the decision, and its implications on cash payments in property transactions.

Addition based on mere statement of assessee & loose papers/sheets/diaries: ITAT deletes 

June 30, 2023 7134 Views 0 comment Print

ITAT Pune’s decision to delete the addition of Rs. 39.69 Crores for Manoj Madanlal Chhajed Vs ACIT, emphasizing the absence of concrete evidence beyond the assessee’s statement and unverified documents, showcases meticulous judicial scrutiny.

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