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No addition for duly explained Cash Deposits during Demonetization

March 5, 2023 4002 Views 0 comment Print

R. Raju Vs ITO (ITAT Chennai) The assessee has explained cash deposits made during the demonetization period out of amount received from maturity of fixed deposits in SBI and Canara Bank. The assessee had also furnished necessary evidence before the AO and argued that, he had received a sum of Rs. 10,29,337/-towards maturity of insurance […]

No addition of Notional annual rental value on unsold flats held as stock-in-trade

March 5, 2023 1806 Views 0 comment Print

Cosmopolis Constructions Vs ACIT (ITAT Pune) ITAT held that no addition is maintainable on account of deemed rent on unsold flats which were treated as stock-in-trade by the assessee. FULL TEXT OF THE ORDER OF ITAT PUNE This appeal by the assessee against the order dated 04-02-2022 passed by the Commissioner of Income Tax (Appeals)-11, […]

No Section 234B & 234C Interest, if entire income was subject to TDS

March 5, 2023 4941 Views 0 comment Print

ITAT held that Interest under section 234B and 234C not chargeable, if entire income of the assessee was subjected to TDS.

PCIT cannot substitute his view in exercise of revisional jurisdiction u/s. 263

March 5, 2023 780 Views 0 comment Print

PCIT has tried to super impose his view in exercise of powers u/s. 263 of Income Tax Act over one of possible view taken by Assessing Officer.

Delay of 988 days cannot be condoned on the basis of vague reason

March 4, 2023 1557 Views 0 comment Print

ITAT Hyderabad held that delay of 988 days in filing of the appeal cannot be condoned on the basis of vague reason.

Payment by GIPL to Google US towards seconded employees is outside purview of FTS/ FIS

March 4, 2023 2088 Views 0 comment Print

ITAT Bangalore held that the amount paid by Google India Private Limited (GIPL) to M/s. Google LLC (US) towards seconded employees doesn’t come under the purview of FTS (Fees for Technical Services) or FIS (Fees for Included Services) under the Income Tax Act or under DTAA.

Fresh adjudication directed as assessment order was dismissed on erroneous reasoning

March 4, 2023 1098 Views 0 comment Print

ITAT Kolkata held that dismissal of assessment order passed under section 143(3) on erroneous reasoning that dispute was resolved via Vivad Se Vishwas Scheme. Fresh adjudication directed to decide all the appeals on merits.

TDS u/s 194A deductible on interest paid by subsidiary to holding company

March 4, 2023 3195 Views 0 comment Print

ITAT Delhi held that TDS under section 194A of the Income Tax Act duly deductible on interest paid by subsidiary company to its holding company.

Interest income on income tax refund chargeable @10% as per India-Japan tax treaty

March 4, 2023 3072 Views 0 comment Print

ITAT Delhi held that interest income on income tax refund is chargeable at the rate of 10% as per Article 11 of India – Japan tax treaty.

Adjustments for disallowance of deduction u/s 80P not authorized to be carried out by CPC

March 4, 2023 6051 Views 0 comment Print

ITAT Mumbai held that CPC (Centralised Processing Centre) is not authorized to carry out adjustments for disallowance of deduction under section 80P of the Income Tax Act.

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