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Use of vehicles by directors/employees cannot be treated as personal use by company

May 18, 2023 7638 Views 0 comment Print

Explore the ITAT Pune ruling on the disallowance of car expenses incurred by a private limited company for personal use by directors, citing relevant case law and legal principles.

Section 271B Penalty Sustained even where Books of Accounts Not Maintained at all

May 17, 2023 7782 Views 1 comment Print

Explore the ITAT Ranchi ruling on penalty imposition for non-audit of books, analyzing the distinction between maintenance and audit requirements under Sections 44AA and 44AB of the Income Tax Act.

Addition of sales reversal entry as unexplained expenditure is unjustified

May 17, 2023 1512 Views 0 comment Print

ITAT Kolkata held that addition of sales reversal entry alleging the same as unexplained expenditure is unjustified and unsustainable in law.

Penalty u/s 271(1)(c) not sustained as concealment or furnishing inaccurate particulars not proved

May 17, 2023 2820 Views 0 comment Print

ITAT Mumbai held that penalty u/s 271(1)(c) of the Income Tax Act unsustainable as entire addition is made on estimation basis and at no point of time it is proved that assessee has concealed the particulars of income or has furnished inaccurate particulars of income.

Disallowance of expense u/s 14A unsustainable as investment in shares were stock-in-trade

May 17, 2023 843 Views 0 comment Print

ITAT Chandigarh held that disallowance of expenses u/s 14A read with Rule 8D is unwarranted on the premise that the investment in shares were stock-in-trade.

Invocation of revisionary proceedings u/s 263 merely because of non-agreeing to the view of AO is unjustified

May 17, 2023 1140 Views 0 comment Print

ITAT Delhi held that PCIT is not empowered to invoke revisionary proceedings u/s. 263 of the Income Tax Act, merely because he is not agree with the view taken by the AO. Accordingly, revisionary proceedings bad in law.

Disallowance u/s. 14A of Income Tax Act cannot exceed exempt income

May 17, 2023 2130 Views 0 comment Print

ITAT Mumbai held that disallowance made under section 14A of the Income Tax Act cannot extent exempt income earned by the assessee. Accordingly, AO is directed to restrict the disallowance u/s. 14A to the extent of exempt income.

Global operation fees not taxable as FTS under India-UK DTAA

May 17, 2023 1311 Views 0 comment Print

ITAT Delhi held that global operation fees cannot be taxed as Fees for Technical Services (FTS) under the provisions of the Act and the India-UK DTAA as it doesn’t satisfy the ‘make available’ clause contained in Article 13(4)(c) of the India-UK DTAA.

Third party statement recorded u/s 132(4) not an incriminating document for addition u/s 153A

May 17, 2023 8772 Views 0 comment Print

ITAT Hyderabad held that statement of a third party already recorded u/s 132(4) of the Income Tax Act cannot be considered as an incriminating document for the purpose of making the addition u/s 153A of the Income Tax Act.

Addition towards unexplained cash deposit unsustainable as creditworthiness and genuineness proved

May 17, 2023 2514 Views 0 comment Print

ITAT Hyderabad held that addition towards unexplained cash deposit unsustainable as onus of establishing the creditworthiness and genuineness of the transaction duly proved by the assessee.

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