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Section 68 Invoked: Bank Statements treated as Books of Account for Individual Assessee 

September 4, 2024 10170 Views 0 comment Print

ITAT Ahmedabad orders deletion of Rs. 34.3 lakh addition under Section 68, citing deposits from known sources. Case remanded for further verification.

No tax on amount received as ‘On-Money’ from sale of Flats u/s 68

September 3, 2024 1293 Views 0 comment Print

Since the addition pertained to the “receipt of money” from the sale of flats by the assessee and these amounts did not represent the actual receipts in the hands of the assessee, they could not be subjected to tax.

Assessment order was quashed as search assessment should be computed u/s 153 instead of u/s 147

September 3, 2024 792 Views 0 comment Print

Since there was no failure on the part of assessee to fully and truthfully disclose material facts therefore, assessment under sections 147-148 was not valid as the specific provisions of Section 153C were deemed to take precedence over the general provisions of Section 147.

Payments for Online Learning Platform Access Not Taxable as FTS under India-USA DTAA

September 3, 2024 1413 Views 0 comment Print

ITAT Delhi rules Coursera’s income from Indian customers not taxable as Fees for Technical Services (FTS) under India-USA DTAA. A key decision for online platforms.

Assessment must be completed u/s. 144 when books of accounts are rejected u/s. 145(3): ITAT Jaipur

September 2, 2024 990 Views 0 comment Print

ITAT Jaipur held that in case the books of accounts are rejected by applying provisions of section 145(3) of the Income Tax Act then assessment must be completed under section 144 of the Income Tax Act which is not done by AO in the present case.

Addition based on notional entry without actual transfer of asset unsustainable: ITAT Raipur

September 2, 2024 465 Views 0 comment Print

ITAT Raipur held that tax implication of the gift transaction shall arise in the year in which the said asset will be sold/transferred. Thus, addition based on the notional / fictitious entry of asset made in books of account unjustified.

Software license expenditure for carrying out routine operations is revenue in nature: ITAT Mumbai

September 2, 2024 306 Views 0 comment Print

ITAT Mumbai held that software license expenditure incurred for carrying out the routine operations is revenue in nature. Hence, disallowing the same by treating it as capital unjustified. Thus, disallowance deleted.

Due to short gap between three notices CIT(A) directed to give one more opportunity of being heard

September 2, 2024 186 Views 0 comment Print

ITAT Jaipur held that there was short gap between three notices issued as say the opportunities granted hence it a fit case were one more opportunity should be granted in the proceedings before CIT(A), to enable the assessee to represent his appeals.

No revisional jurisdiction u/s. 263 as issue examined during assessment proceeding: ITAT Ahmedabad

September 2, 2024 201 Views 0 comment Print

ITAT Ahmedabad held that revisional jurisdiction u/s. 263 of the Income Tax Act not justifiable as AO had examined the issue in the course of assessment proceeding.

Penalty u/s. 272A(1)(d) not imposable when assessment completed u/s. 143(3): ITAT Raipur

September 2, 2024 1212 Views 0 comment Print

ITAT Raipur held that penalty imposed under section 272A(1)(d) of the Income Tax Act unjustified when an assessment has been completed under section 143(3) of the Income Tax Act.

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