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Additions on the basis of incriminating material obtained during survey is justified

April 24, 2023 2070 Views 0 comment Print

ITAT Allahabad held that additions made based on the incriminating material (being excess stock) found during survey conducted u/s 133A of the Income Tax Act is justifiable.

CUP is most appropriate method for determining ALP for importing goods for manufacturing segment

April 24, 2023 1461 Views 0 comment Print

ITAT Bangalore held that Comparable Uncontrolled Price (CUP) is the most appropriate method for determining the Arm’s Length Price of the assessee for the importing of goods for manufacturing segment.

Expenditure incurred between setting up & commencement of business is duly allowable

April 24, 2023 3258 Views 0 comment Print

ITAT Delhi held that that expenditure incurred between setting up and commencement of business could not have been capitalized and was to be allowed as business expenditure.

Principle of fraud applies on failure to establish why shops were sold at loss to partners

April 24, 2023 1035 Views 0 comment Print

ITAT Pune held that as the assessee failed to establish why the shops were sold at loss to the partners and interest persons, principle of fraud squarely gets applicable. Accordingly, disallowance of loss duly justified.

Rs. 20000 Limit under section 269SS & 269T is person wise

April 23, 2023 4986 Views 0 comment Print

ITAT Jaipur rules in favor of Shri Deepak Mata, deleting penalties under Sections 271E and 271D for loan transactions below Rs.20,000 threshold.

ITAT restores matter to CIT(E) as his order was non-speaking order

April 23, 2023 1161 Views 0 comment Print

CIT(E)’s order is also a non-speaking one to this extent we deem it appropriate to restore the assessee’s substantive grievance back to the very authority for appropriate adjudication as per law

No Denial of FTC for non-filing of Form No. 67

April 23, 2023 1479 Views 0 comment Print

Filing of Form No. 67 under Rules 128 of Income Tax Rules is a procedural requirement, therefore, is a directory in nature, non-compliance thereof does not disentitled assessee in claiming Foreign Tax Credit (FTC)

Depreciation allowed in initial years, cannot be disturbed in subsequent years

April 23, 2023 891 Views 0 comment Print

If in the initial year of claim the depreciation, is allowed, the claim cannot be disturbed in the subsequent years

Section 54B exemption eligible on Agricultural Property purchased against Advance of Agricultural Property Sale

April 23, 2023 1824 Views 0 comment Print

Assessee should be allowed benefit of deduction under section 54B of Act since purchase in new property has been made out of advances received towards sale of agricultural properties held by assessee.

ITAT condoned delay due to Dire Financial Stress & Difficulties – Remanded matter back to CIT(A)

April 23, 2023 657 Views 0 comment Print

ITAT Chennai rules in favor of First STP Pvt. Ltd., restoring matters to CIT(A) and AO for fresh adjudication due to missed opportunities and severe stress.

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