Follow Us:

All ITAT

No Addition for deposits in NRE Account by NRI from his foreign income

April 16, 2023 2325 Views 0 comment Print

Shri Duraisamy Shanmugasundaram Vs ITO (ITAT Chennai) As per assessee’s submissions, the money deposited in NRE account was withdrawn by assessee’s parents in India. The same has been sourced to deposit the same in another NRO account from time to time. However, rejecting assessee’s explanation, Ld. AO held that the cash was not re-deposited within […]

Passport needs to be considered to determine Residential Status of Assessee

April 15, 2023 3375 Views 0 comment Print

Narayanan Subramaniam Vs ACIT (ITAT Delhi) Controversy involved is primarily with regard to question if the assessee had non­-residential status for the relevant Assessment Year 2017-18 and the ld AO had held it against the assessee on the basis that his stay for more than 180 days abroad was not supported by any evidence including […]

ITAT’s Powers to Admit Claim Otherwise than by Revised Return

April 15, 2023 1113 Views 0 comment Print

Navneet Dutta Vs ITO (ITAT Delhi) Assessee filed his original return of income on 10.01.2012 for the AY 2011-12 and in the said return due to clerical/typographical error, the assessee could not claim loss from house property. Later on the assessee revised the return of income on 18.06.2012. Assessee has filed rectification application u/s 154 […]

ITAT grants stay to Amazon Web Services Inc.

April 15, 2023 2016 Views 0 comment Print

Assessing Cloud Computing Tax Dispute – AWS Inc. challenges ITAT Delhi on Royalty & FTS, seeks conditional stay on outstanding demands.

Non-specification of limb of notice render section 271(1)(c) penalty proceedings invalid

April 15, 2023 1659 Views 0 comment Print

Non-specification of limb of the notice would render section 271(1)(c) penalty proceedings invalid. ITAT held that notice u/s 271(1)(c) is omnibus notice, thus defective which goes to the root of the matter. Accordingly the appeal of the assessee stands allowed.

Section 234E late fee Not Leviable for Belated TDS return filed Prior to 01.06.2015

April 15, 2023 894 Views 0 comment Print

While processing of TDS statement, the late fee, if any shall be computed in accordance with provisions of Section 234E of the Act. As a corollary, prior to amendment under Section 200A of the Act, levy of fee under Section 234E during processing of TDS statement is not tenable.

Mere submission of amendment by post to Charity Commissioner cannot be considered to be due registration

April 15, 2023 1929 Views 0 comment Print

Mere submission of amendment by post to Charity Commissioner cannot be considered to be due registration with Charity Commissioner. What is required to be shown by assessee is that amendment carried out to trust deed has been registered with Charity Commissioner and his approval has been obtained.

Receipts being in nature of non-compete fee is a capital receipt

April 15, 2023 1401 Views 0 comment Print

ITAT Delhi held that received towards undertaking restrictive covenant of non imparting service to any other person and not to share associated goodwill of medical practice being in the nature of non compete fee is a capital receipt and not taxable under provision of the Income Tax Act.

Addition only for net profit element embedded in alleged undisclosed sale if purchase not doubted

April 15, 2023 2514 Views 0 comment Print

ITO Vs Manumati Boro (ITAT Guwahati) Revenue has challenged the finding of the ld. CIT(A) deleting the addition for undisclosed sale and sustaining the addition only to the extent of net profit element embedded in the alleged undisclosed sale. We notice that the ld. Assessing Officer based on the seized records impounded during the course […]

State cannot tax benefit of wrong section 14A disallowance made by Assessee

April 15, 2023 774 Views 0 comment Print

DCIT Vs Bhilwara Energy Ltd. (ITAT Delhi) The assessee filed return of income declaring a loss of 16.13 crores. The assessee company suo moto disallowance an amount of Rs. 9.9 crores consisting of interest of Rs. 9.5 crorees and other expenses of Rs. 40 lakhs on account of disallowance u/s 14A read with Rule 8D. […]

Search Post by Date
June 2026
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
2930