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No addition in years of completed assessments if no incriminating material unearthed during search

May 10, 2023 933 Views 0 comment Print

Meena Nayyar Vs ACIT (ITAT Delhi) The Income Tax Appellate Tribunal (ITAT), Delhi Bench, has recently, in an appeal filed before it, held that no additions can be made de hors any incriminating material for assessment under Section 153A of the Income Tax Act. The aforesaid observation was made by the Delhi ITAT, when appeals […]

No Section 234E late fees for delayed TDS Statement filed before 31.05.2015

May 10, 2023 714 Views 0 comment Print

Klug Avalon Mechatronics Private Limited Vs ITO (ITAT Pune) ITAT held that a person is liable to deduct any sum under the provisions of chapter XVII of the Act, is under obligation to deliver or furnish a statement u/s 200(3) of the Act within the due date prescribed therein and in the event of default, […]

Disallowance invoking section 40A(2)(b) unsustainable as hire charges paid not proved as unreasonable and excessive

May 9, 2023 4947 Views 0 comment Print

ITAT Chennai held that for invoking provisions of section 40A(2)(b), AO has to bring on record some comparable cases of similar nature to allege that hire charges paid by the assessee is unreasonable and excessive, when compared to market rates. In absence of the same, addition is unsustainable.

Article 265 of the Constitution mandates refund of excess Income tax paid

May 9, 2023 3444 Views 0 comment Print

ITAT Delhi held that Article 265 of the Constitution mandates that no tax shall be levied or collected except by authority of law. If tax has been paid in excess, same has to be refunded to the assessee.

Income from license of Build-Operate-Transfer project taxable as business income

May 9, 2023 2679 Views 0 comment Print

ITAT Delhi held that the proceeds of license of Build-Operate-Transfer (BOT) Projects is not taxable as rental income. The same is taxable as business income.

Rent including service tax paid for the business purpose is allowable u/s 30

May 9, 2023 1563 Views 0 comment Print

ITAT Delhi held that rent including service tax on rent paid for the purpose of business is allowable under section 30 of the Income Tax Act.

Mere Interest waiver will not Vitiate Genuineness of Loan Transaction

May 9, 2023 867 Views 0 comment Print

Merely the parties agreed to not to charge/pay interest on loan will not vitiate the genuineness of such loan transaction unless and until the revenue brought some cogent material on record to prove that such transaction of loan is not genuine.

TDS not deductible on Foregone Salary & Employee cannot claim credit

May 9, 2023 6282 Views 0 comment Print

Section 192 provides deduction of tax ‘at the time of payment’. Admittedly there was no payment of the salary etc, which was foregone as per terms of settlement in mediation proceedings.

No obligation to deduct section 194H TDS if commission not debited to Profit & Loss Account

May 8, 2023 4461 Views 0 comment Print

Ketan Sahebrao Purkar Vs ITO (ITAT Pune) The issue involved in the present appeal is whether on the facts and circumstances of the case, the appellant is liable to deduct tax at source u/s 194H in respect of expenditure claimed to have been debited to Profit & Loss Account under head “commission”. Without delving into […]

ITAT dismisses appeal as legal heirs not substituted name of deceased Assessee in Form 36

May 8, 2023 2649 Views 0 comment Print

Kabeer Khan Vs ITO (ITAT Hyderabad) Since the legal heirs of the diseased assessee in the instant case have not taken any steps to file the revised Form No.36, duly filled up giving the revised name of the party duly verified in the manner as prescribed in the rules, therefore, the present appeal cannot be […]

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