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All ITAT

No capital gain in the hand of transferee in Slump Sale of certain Business Line

November 1, 2023 549 Views 0 comment Print

Analysis of DCIT vs. Thulasi Mohan Constructions Pvt. Ltd. case, where capital gains in a business slump sale were contested. Learn legal intricacies and conclusions.

No Addition for Delay in Form No. 10 Filing When Condoned by CIT(E)

November 1, 2023 1167 Views 0 comment Print

ITAT Jodhpur’s decision regarding the condonation of delay in filing Form No. 10 within the due date of ITR under Section 139 of the IT Act. No addition made.

ITAT Delhi dismisses revenue’s appeal due to low tax effect

October 31, 2023 357 Views 0 comment Print

In an appeal against CIT(A)-14, New Delhi’s order, ITAT Delhi dismisses revenue’s case due to low tax effect as per CBDT Circular No. 17/2019 for AY 2011-12

Sale of software not containing any element of service not fall under FTS

October 31, 2023 927 Views 0 comment Print

In the SoftwareONE Pte. Ltd. vs. ACIT case, the ITAT Delhi ruled that sales of software without any service component are not liable to be taxed as Fees for Technical Services (FTS) under the India-Singapore DTAA.

Revisionary order passed u/s 263 without granting an opportunity of being heard is unsustainable

October 31, 2023 789 Views 0 comment Print

ITAT Surat held that revisionary order passed under section 263 of the Income Tax Act without considering reply of the assessee and without granting an opportunity of being heard is unsustainable in law as against the principles of natural justice.

Disallowance u/s 57(iii) just because interest earned not equal to percentage of interest expenditure incurred unsustainable

October 31, 2023 1056 Views 0 comment Print

ITAT Raipur held that interest income earned is not equal to the percentage of interest expenditure incurred cannot be reason for disqualifying expenditure within the provision of section 57(iii) of the Income Tax Act.

Disallowance u/s 14A cannot be more than exempt income

October 31, 2023 597 Views 0 comment Print

ITAT Delhi held that it is settled principle of law that the disallowance under section 14A of the Income Tax Act cannot exceed the exempt income.

Addition u/s 68 towards unexplained cash credit unjustified as source of credit entries explained

October 31, 2023 2847 Views 0 comment Print

ITAT Delhi held that addition towards unexplained cash credit under section 68 of the Income Tax Act unjustified as necessary details explaining the source of credit entries duly provided.

Disallowance of foreign travel expenditure justified as business expediency not proved

October 31, 2023 933 Views 0 comment Print

ITAT Delhi held that disallowance of foreign travel expenditure justified as assessee failed to prove the business expediency of foreign trip and therefore assessee failed to discharge the primary onus.

Income derived from twin land transactions treated as business income

October 30, 2023 2361 Views 0 comment Print

ITAT Pune held that income derived from twin land transactions deserves to be treated as ‘business income’ and cannot be treated as ‘capital gains’.

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