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Compulsory convertible debentures not equity – Interest allowable

June 4, 2023 6384 Views 0 comment Print

Till date of conversion, interest paid on CCDs cannot be treated as interest on equity & interest is allowable as expenditure u/s. 36(1)(iii)

ITAT Allows Bad Debts Adjustment Against Provisions

June 3, 2023 2553 Views 0 comment Print

Bad debts Adjustment against previously created provisions constitutes actual writing off of bad debts in books of accounts & Allowable

Bona fide belief of non-deduction of TDS vis-à-vis default u/s 201(1) and 201(1A) needs re-adjudication

June 2, 2023 1680 Views 0 comment Print

ITAT Mumbai remanded the matter for adjudication of bona fide belief of TDS exemption in case of LTC relating to foreign travel vis-à-vis default u/s 201(1) and 201(1A) of the Income Tax Act.

Re-assessment beyond 4 years without recording satisfaction of CIT is invalid

June 2, 2023 1449 Views 0 comment Print

ITAT Hyderabad held that for re-assessment beyond a period of 4 years, recording of satisfaction by the CIT is a must under the Income Tax Act, 1961. In absence of the same, re-assessment proceedings are invalid.

Penalty under 271D deleted in absence of satisfaction in Assessment Order

June 2, 2023 5652 Views 0 comment Print

Sri Raja Reddy Nalla Vs Add. CIT (ITAT Hyderabad) Assessee had received cash in connection with sale of immovable property . As the amount was more than the specified limit of Rs. 20,000/- , penalty proceedings u/s. 271D were initiated for violating Sec 269SS and penalty order u/s. 271D was passed levying a penalty of […]

Right to operate toll roads & collect toll charges is an intangible asset

June 1, 2023 4038 Views 0 comment Print

ITAT ruled that the right to operate toll roads and collect toll charges should be classified as an ‘intangible asset’ and can also be regarded as a business or commercial right.

Denial of deduction u/s 80P sustained as return filed belatedly

June 1, 2023 3531 Views 0 comment Print

ITAT Ahmedabad held that deduction under section 80P of the Income Tax Act disallowed as assessee filed return belatedly.

Reopening u/s 147 without recording specific reasons is invalid

June 1, 2023 2010 Views 0 comment Print

ITAT Mumbai held that reopening of assessment u/s 147 without recording any specific reasons and without linking the information received from DDIT(Inv) specifically to assessee is invalid and liable to be set aside.

Penalty u/s 271D not leviable as reasonable cause for violation of section 269SS duly demonstrated

June 1, 2023 3318 Views 0 comment Print

ITAT Ahmedabad held that penalty under section 271D of the income Tax Act not leviable as reasonable cause for violation of provisions of section 269SS duly demonstrated.

Reimbursement of salary for seconded employee cannot be taxed as FTS

June 1, 2023 2820 Views 0 comment Print

ITAT Bangalore held that reimbursement of salary for seconded employee cannot be regarded as ‘Fee for technical services’ (FTS) under India-US Tax Treaty (DTAA).

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