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Microsoft Licenses fees not falls under the category of Royalty or Copy Rights

April 19, 2023 2970 Views 0 comment Print

ITAT Mumbai held that disallowance of roaming charges paid/ payable to other telecom operations u/s. 40(a)(ia) for non-deduction of tax at source u/s. 194J justified as national roaming process essentially involves decisive human intervention.

Employee’s PF Contribution deposited after due date not allowable

April 19, 2023 1092 Views 0 comment Print

Swaraj Excellent Manpower Facilities Pvt. Ltd. Vs DCIT (ITAT Pune) Hon’ble Supreme Court has held that the Employee’s Contribution towards Provident Fund has to be deposited before the due date mentioned in the respective statute. In this case it is an admitted position by the assessee in the Audit Report that the amount was not […]

Addition for cash deposit during demonetization period by housewife of upto Rs. 250000 is invalid

April 19, 2023 1560 Views 0 comment Print

Aroshi Jain Vs ACIT (ITAT Delhi) Circular No.03/2017 dated 21.02.2017 provides that no further clarification or verification is required to be made in a case of an individual when the deposited amount during demonetization period is upto Rs. 2,50,000/-. In the present case, the assessee who is a housewife having no other source of income […]

Denying eligible deduction u/s. 11 of Income Tax Act on technical basis is unjustifiable

April 19, 2023 1836 Views 0 comment Print

ITAT Delhi held that eligible deduction under section 11 of the Income Tax Act cannot be denied merely on the basis of technicalities.

ITAT allows benefit of CBDT Instruction with regard to jewellery of grand-mother

April 19, 2023 1212 Views 0 comment Print

Sharad Kumar Garg Vs ACIT (ITAT Delhi) It is seen from the record that the lower authorities have been disputing the factum of Will. It is also undisputed fact that in the Will there is no specific mention relating to weight and description of such jewellery which was being bequeathed by the testator. However, it […]

Deriving Arm’s Length Price without resorting to any prescribed method is unjustifiable

April 19, 2023 1974 Views 0 comment Print

ITAT Delhi held that deriving Arm’s Length Price without resorting to any method prescribed as per the Income Tax Rules is unjustifiable. Accordingly, TPO/ AO directed to determine Arm’s Length Price.

Expenditure incurred on the abandoned project allowable

April 19, 2023 2355 Views 0 comment Print

Gujarat State Fertilizers & Chemicals Ltd. Vs DCIT (ITAT Ahmedabad) It is evident from the same that the ITAT held that the claim of expenditure incurred by the assessee on the abandoned project, amounting to Rs.20.50 lakhs, was allowable to it subject to the assessee demonstrating the fact that it had incurred the expenditure itself, […]

Best judgment assessment – Assessing Officer must act honestly

April 19, 2023 2667 Views 0 comment Print

In best judgment assessment Assessing Officer must not act dishonestly or vindictively & honestly & fairly estimate proper assessment figure

Reasons recorded for reopening are to be examined on a standalone basis

April 19, 2023 1767 Views 0 comment Print

Reasons, as recorded for reopening reassessment, are to be examined on a standalone basis to determine validity of section 147 proceedings

Section 54 exemption cannot be denied for acquiring new house in wife’s name

April 19, 2023 5529 Views 0 comment Print

ITAT held that acquisition of new house in wife’s name would not jeopardise Section 54 exemption claim of assessee as sale proceeds is utlised for construction of house property

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