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All ITAT

AO doesn’t have power to change method of share price determination from DCF to NAV

March 25, 2023 1644 Views 0 comment Print

ITAT Chennai held that AO is free to examine the method through which the share price is determined. However, AO doesnot have power to change the method from discounted cash flow (DCF) as followed by assessee to Net Asset Value (NAV).

Claim of enhanced amount of carry forward loss in revised return filed within time permitted u/s 139(5) allowable

March 25, 2023 8718 Views 0 comment Print

ITAT Pune held that once a revised return is filed within the time permitted u/s.139(5), it substitutes the original return in all respects. Accordingly, claim of enhanced amount of carry forward of loss vide revised return is allowable.

No addition/ disallowance u/s 153C without incriminating material found during third person search

March 25, 2023 3372 Views 0 comment Print

ITAT Mumbai held that no additions or disallowances can be made u/s. 153C of the Income Tax Act in absence of any incriminating material found during the search on a third person.

CIT cannot initiate proceedings with a view to start fishing & roving enquiries

March 25, 2023 2700 Views 0 comment Print

Dhanraj Chhipa Vs PCIT (ITAT Jodhpur) CIT cannot invoke his powers of revision under section 263 if the Assessing Officer has conducted enquiries and applied his mind and has taken a possible view of the matter. If there was any enquiry and a possible view is taken, it would not give occasion to the Commissioner […]

Fees received towards live transmission not taxable as ‘royalty’ in terms of section 9(l)(vi)

March 25, 2023 1557 Views 0 comment Print

ITAT Delhi held that there is no copyright on live events, and therefore, the fee received towards live transmission cannot be taxed as royalty in terms of Section 9(l)(vi).

Onus is on assessee to establish factum of conduit company

March 25, 2023 1671 Views 0 comment Print

Dhanwan Leasing and Finance Vs ITO (ITAT Indore) Section 68 of the Act provides that where any sum is found to be credited in the books of an assessee maintained for any previous year, and the assessee offers no explanation about the nature and source thereof or the explanation offered by him is not, in […]

Reasons for reopening found to be non-existent, such defect is not curable by applying section 292B

March 24, 2023 2523 Views 0 comment Print

ITAT Delhi held that AO drew belief on the reasons which were later found to be totally non-existent. Such defect in the reasons cannot be ascribed as a mere technical irregularity and consequently defect cannot be cured by applying Section 292B of the Income Tax Act.

Income earned from offshore supply not taxable in India as none of operation is carried out in India

March 24, 2023 2247 Views 0 comment Print

ITAT Mumbai held that income earned from offshore supply of escalators and elevators is not taxable in India as assesse didn’t carried out any operations in India.

Retrospective effect to provisions of section 56(2)(vii)(b) of Income Tax Act unjustifiable

March 24, 2023 3579 Views 0 comment Print

ITAT Delhi held that provisions of Section 56(2)(vii)(b) of the Income Tax Act Act which were introduced in the Act by Finance Act, 2010 cannot be given retrospective effect.

Individual resident of 60 years or more not having business income is not required to pay advance tax

March 24, 2023 1647 Views 0 comment Print

ITAT Delhi held that as per provisions of section 207 of the Income Tax Act, an individual resident of 60 years or more and not having income chargeable under the head ‘profit and gains’ of business or profession is not required to pay the advance tax.

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