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FTC cannot be denied if Assessee file return within extended due date with Form No. 67

April 19, 2023 459 Views 0 comment Print

Assessee filed return of income within extended due date with Form No. 67 & complies with requirement of Rule 128(9) and entitled to claim FTC

Till Business commencement all expenses for Business set-up will be treated as Capital Expenditure

April 19, 2023 1098 Views 0 comment Print

Isolux Corsan Power Concession India Pvt. Ltd. Vs ITO (ITAT Delhi) In this case AO has treated Interest income as Income from other sources as Business of Assessee was not set-up in the year under consideration  and held as follows:- In the present case, the appellant has miserably failed to demonstrate that during the year […]

AO cannot deny TDS credit of Income considered for taxation

April 19, 2023 2406 Views 0 comment Print

Assessing Officer cannot accept the income for tax purpose and refuse to allow credit of corresponding TDS. Both must go hand in hand.

Deeming provisions u/s 69 r/w section 115BBE doesn’t apply to income surrendered as account receivable

April 18, 2023 2898 Views 0 comment Print

ITAT Chandigarh held that the income so surrendered by way of account receivables cannot be brought to tax under the deeming provisions u/s 69 r/w section 115BBE of the Income Tax Act.

Voluntary payment by employer out of appreciation is outside rigours of section 17(3)(iii)

April 18, 2023 8274 Views 0 comment Print

ITAT Pune held that payment made voluntarily by the employer out of appreciation for the employee falls outside the rigours of Section 17(3)(iii) of the Income Tax Act.

Proportionate disallowance u/s 35AD justifiable as only one godown used for non-agricultural purpose

April 18, 2023 1743 Views 0 comment Print

ITAT Ahmedabad held that proportionate disallowance u/s 35AD of the Income Tax Act is justifiable as only one godown is used for non-agricultural purposes, whereas, other four go-downs are used for agricultural purposes only.

ITAT directs CIT(A) to adjudicate appeal filed manually instead of online

April 18, 2023 810 Views 0 comment Print

Deepak Shriniwas Mantri Vs ITO (ITAT Pune) This appeal by the assessee arises out of the order dated 26-09-2022 passed by the CIT(A) in National Faceless Appeal Centre, Delhi in relation to the assessment year 2008-09. 2. I have heard both the sides and gone through the relevant material on record. It is seen that […]

Co-op society entitled for deduction u/s. 80P(2)(d) in respect of interest received from co-op banks

April 18, 2023 4068 Views 0 comment Print

Assessee society would be entitled for deduction u/s. 80P(2)(d) of the Act in respect of interest received from co­operative banks.

Reimbursement of cost received by assessee, cannot be treated as FTS

April 18, 2023 1143 Views 0 comment Print

Shangri-La International Hotel Management Pte Vs ACIT (ITAT Delhi) The next common issue arising for consideration is taxability of reimbursement of expenses as FTS both under the provisions of the Act as well as India-Singapore DTAA. As could be seen from the draft assessment order, alleging that the assessee did not provide the break up […]

Trust treated as AOP – Depreciation cannot be disallowed

April 18, 2023 2976 Views 0 comment Print

Once assessee is assessed as AOP and no section 11 exemption been allowed, entire receipts are to be assessed as business receipt and consequently, depreciation has to be allowed.

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