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Assessee Not Liable for Co-Owners’ On-Money payments: ITAT Ahmedabad

November 2, 2023 774 Views 0 comment Print

In the case of Manish Ramanbhai Patel Vs ITO, ITAT Ahmedabad allows the appeal, emphasizing that the addition cannot be made in the hands of the assessee for on-money paid by co-owners.

Initiation of revisionary proceedings u/s 263 on aspects outside the scope of limited scrutiny untenable

November 1, 2023 993 Views 0 comment Print

ITAT Surat held that AO cannot go beyond reason for which matter was selected for limited scrutiny. Thus, PCIT cannot pass revisionary order u/s. 263 of the Income Tax Act on other aspects outside the scope of limited scrutiny.

Initiation of reassessment proceedings u/s. 147 based on incorrect facts is invalid

November 1, 2023 2727 Views 0 comment Print

ITAT Delhi held that initiation of reassessment proceedings u/s. 147 of the Income Tax Act by AO based on incorrect facts and without any verification, examination and evaluation of report of Investigation Wing and other material is invalid and unsustainable in law.

Penalty notice u/s 271(1)(c) without specifying exact limb is bad-in-law

November 1, 2023 1722 Views 0 comment Print

ITAT Delhi held that notice issued initiating the penalty proceeding without specifying the limb of section 271(1)(c) of the Income Tax Act is bad-in-law and liable to be quashed.

Ad-hoc disallowance of expenditure without any basis is unsustainable in law

November 1, 2023 2553 Views 0 comment Print

ITAT Raipur held that ad-hoc disallowance of expenditure without specifying expenditure which was either not incurred for the purpose of business or was not substantiated by documentary evidence/material is unsustainable in law.

Section 40A(2)(b) Disallowance for Assumed Higher Sub-contracting Income is unsustainable

November 1, 2023 1071 Views 0 comment Print

ITAT Delhi held that disallowance under section 40A(2)(b) of the Income Tax Act on merely estimating that more income should have been earned from sub-contracting without bringing any comparable figures is unsustainable in law.

Booking fee collected from non-resident airlines not taxable as royalty

November 1, 2023 594 Views 0 comment Print

ITAT Delhi held that the booking fee received by the assessee from non-resident airlines is taxable as ‘business income’ and not as ‘royalty’ u/s. 9(1)(vi) of the Income Tax Act and Article 13(3) of Indo-Spain DTAA.

ITAT upholds deletion of additions which was made for Fall in GP Ratio

November 1, 2023 408 Views 0 comment Print

ITAT rules in favor of Kortek Electronics: deletes additions for fall in GP ratio. Know more about the ruling & its implications

Deletion of understated sale consideration by CIT(A) without dealing in fundamental aspects cannot be countenanced in law

November 1, 2023 510 Views 0 comment Print

ITAT Delhi held that deletion of additions on account of understated sale consideration based on loose papers, dairy, documents, etc. seized in search action without dealing with the fundamental aspects of the matter by CIT(A) order cannot be countenanced in law. Accordingly, matter restored back to CIT(A) for fresh determination.

Correct Application of AS-9 for advances: ITAT confirms deletion of Addition

November 1, 2023 381 Views 0 comment Print

ITAT Mumbai’s recent decision on advance income tax treatment. Explore the case between ITO and Nayak Chaudhari Construction Pvt. Ltd. and its implications.

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