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No penalty on income disclosed in revised After receipt of Reassessment Notice

April 12, 2023 6210 Views 0 comment Print

Pankajkumar Babulal Tiwari Vs ACIT (ITAT Amhadabad) Asessee under the bona fide belief not offered income on receipt from LIC in original return however rectified the same while filing the return under section 148 of the Act. The assessee also paid due tax on such receipt even before issuance of notice under section 148 of […]

Appeal before ITAT having tax effect of less than Rs.50 lakh have to be treated as withdrawn

April 12, 2023 4449 Views 0 comment Print

ITO Vs Sk. Sahanewaj Ali (ITAT Kolkata) CBDT had modified Circular No. 3 of 2018 dt. 11/07/2018. Further, the CBDT in its circular F. No. 279/Misc./M-93/2018-ITJ, dt. 20/08/2019, has clarified that the revised monetary limits, so mentioned in Circular No. 17/2019 is applicable to all pending appeals. As per these circulars all the revenue appeals […]

Amendment to Section 40(a)(ia) vide Finance Act, 2014 is Not Retrospective  

April 12, 2023 2259 Views 0 comment Print

Sole issue for determination is ‘whether amendment made by Finance Act, 2014 to Section 40(a)(ia) is to be applied retrospectively or not’.

Amount taxed in hands of partner u/s 28(v) allowable in hands of firm u/s 40(b)

April 12, 2023 3045 Views 0 comment Print

CESTAT Bangalore held that amount taxed in the hands of partner u/s 28(v) needs to be allowed in the hands of the firm u/s 40(b) of the Income Tax Act.

Non-Filing of Form No. 67 Is Merely A Procedural Error & Foreign Tax Credit Can’t Be Denied

April 12, 2023 6957 Views 0 comment Print

Assessee filed ROI claiming relief u/s 90 but did not file Form No.67. Form was subsequently filed beyond the due date as per under Rule. CPC did not give credit for foreign tax.

Income earned on job assigned at Indonesia cannot be considered a global income to be taxable in India

April 12, 2023 1512 Views 0 comment Print

ITAT Delhi held that the income earned on the job assigned at Indonesia cannot be considered to be global income of the assessee to be taxable in India.

TDS not deductible on payment for making use of shrink wrap computer software

April 12, 2023 2421 Views 0 comment Print

ITAT Hyderabad held that payments made for making use of shrink wrap computer software wherein there is no transfer of any copyright nor grant of any commercial right to exploit it doesn’t fall within the definition of royalty and hence TDS not deductible.

Penalty u/s. 271(1)(b) not leviable as non-compliance was due to bonafide reasons

April 11, 2023 11820 Views 0 comment Print

ITAT Surat held that penalty under section 271(1)(b) of the Income Tax Act not leviable merely because the assesse couldn’t make compliance due to some bonafide reasons.

Addition u/s 69A sustainable for not providing satisfactory explanation of source of heavy denomination cash gifts

April 11, 2023 1716 Views 0 comment Print

ITAT Delhi held that addition under section 69A of the Income Tax Act sustainable on failure to provide reasonable explanation of the sources and justification of heavy denomination cash gifts.

Addition on the basis of mis-reporting of insurance company unsustainable

April 11, 2023 1122 Views 0 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act on the basis of mis-reporting of insurance company is unsustainable in law.

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