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Pigmy commission treatment as salary vis-à-vis TDS u/s 192 needs re-verification

June 9, 2023 6270 Views 0 comment Print

ITAT Bangalore held that the pigmy commission will be treated as a salary and subject to the TDS under section 192 of the Act. Accordingly, matter remanded for verification.

Addition merely based on statement u/s 132(4) without collaborative evidence is unsustainable

June 9, 2023 3501 Views 0 comment Print

ITAT Indore held that addition on the standalone basis of statement of assessee u/s 132(4) of the Income Tax Act cannot be held as sustainable in absence of collaborative evidence found in support of such addition.

Addition sustained on failure to produce evidence to support astronomical agricultural income

June 9, 2023 789 Views 0 comment Print

ITAT Hyderabad held that assessee neither before AO nor before CIT(A) could produce any evidence to support his astronomical agricultural income. Accordingly, in absence of evidence, addition sustained.

Rejection of books of accounts justified as transactions recorded not supported by proper documents

June 9, 2023 717 Views 0 comment Print

ITAT Chennai held that rejection of books of accounts justified as transactions recorded in the books of accounts are not properly vouched or supported by proper documents. Further, expenses and related vouchers were also not found in accordance with books of accounts.

Foreign travel expense of company employees’ spouse who accompanied on official tour is allowable

June 9, 2023 3456 Views 0 comment Print

ITAT Mumbai held that foreign travelling expenses in respect of spouses who accompanied on official tour with some of the company employees is allowable expenditure.

Denial of Foreign Tax Credit merely because Form 67 furnished after due date of return filing is unjustified

June 8, 2023 4503 Views 0 comment Print

ITAT Jaipur held that denial of Foreign Tax Credit merely because Form 67 was filed after the due date of filing the return under section 139(1) of the Income Tax Act is unjustified and untenable in law.

Reassessment proceedings unsustainable as material facts fully and truly disclosed

June 8, 2023 1275 Views 0 comment Print

ITAT Delhi held that initiation of proceedings under section 147/148 of the Income Tax Act unsustainable as there was on failure on the part of the assessee to disclose fully and truly all the material facts.

TDS credit available to Rinfra as both income and TDS credit is transferred by AEML to Rinfra

June 8, 2023 1014 Views 0 comment Print

ITAT Mumbai held that genuine TDS credit to Rinfra cannot be denied merely because credit of TDS didn’t reflected in Form 26AS as on account of transfer of business, Adani Electricity Mumbai Ltd. (AEML) transferred the income and TDS credit to Reliance Infrastructure Ltd. (Rinfra).

Unexplained money received back via banking channel in form of sale consideration taxable u/s 115BBE

June 8, 2023 1155 Views 0 comment Print

ITAT Raipur held that unexplained money u/s 69A of the Income Tax Act was received back through banking channel in the form of sale consideration of the shares. Accordingly, the same has to be brought to tax u/s 115BBE of the Income Tax Act.

Insertion of first and second proviso to section 50C(1) being curative in nature has retrospective effect

June 8, 2023 4011 Views 0 comment Print

ITAT Pune held that first and second proviso(es) to section 50C(1), inserted by the Finance Act 2016 w.e.f. 01.04.2017 being curative in nature inserted for removing hardships to the taxpayers and, therefore, it carries retrospective effect.

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