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All ITAT

No TDS on reimbursements to directors and on traded goods supplied to client

February 10, 2023 5259 Views 0 comment Print

ITAT held that no tax is required to be deducted at source on amount reimbursed to the director of the company. Further, when tax has been deducted at source by the assessee while receiving software consultancy services, disallowance cannot be done by the Revenue Department.

LTCG on sale of equity shares of Lifeline Drugs and Pharma Ltd. is not genuine: ITAT Indore

February 10, 2023 2238 Views 0 comment Print

Rupesh Vyas Vs ACIT (ITAT Indore) Feeling aggrieved by appeal-order dated 20.09.2018 passed by learned Commissioner of Income-Tax (Appeals)-1, Indore [“Ld. CIT(A)”], which in turn arises out of assessment-order dated 15.12.2016 passed by the learned ACIT-3(1), Indore [“Ld. AO”] u/s 143(3) of the Income-tax Act, 1961 [the Act] for Assessment-Year 2014-15, the assessee has filed […]

TDS u/s 194C not deductible on payment under ‘Sales or Return’ agreement

February 10, 2023 2010 Views 0 comment Print

ITAT Mumbai held that payments made under Sales or Return agreements not covered under section 194C of the Income Tax Act. Hence, TDS not deductible.

Reasonable amount of expense towards gifts for dealers is allowable

February 10, 2023 1221 Views 0 comment Print

ITAT Delhi held that a reasonable amount of expenditure towards distribution of gifts amongst the dealers is allowable expenditure.

Addition of unexplained cash credit sustained as genuineness and creditworthiness not proved

February 10, 2023 1521 Views 0 comment Print

ITAT Pune held that addition of unexplained cash credit sustained as mere filing of documentary evidence doesnt absolve proving of genuineness and creditworthiness of the unsecured loans.

Deduction u/s 10A allowed based on post facto extension

February 10, 2023 954 Views 0 comment Print

ITAT Bangalore held that deduction under section 10A/ 10B of the Income Tax Act allowable as the assessee has obtained post facto approval from RBI coupled with the fact that it has also realized the said amounts.

Non-resident income not taxable simply by mentioning of status as resident in the return

February 10, 2023 1524 Views 0 comment Print

ITAT Mumbai held that income of non-resident not taxable in India merely because the status of the assessee was wrongly mentioned as resident in the original return of income.

Penalty u/s. 271C not imposable on a non-taxable entity

February 10, 2023 849 Views 0 comment Print

ITAT Dehradun held that Uttarakhand Environment Protection and Pollution Control Board (UEPPCB) is a corporation which has been constituted under a Central Act, no tax was deductible. Accordingly, penalty u/s 271C of the Income Tax Act cannot be levied on a non-taxable entity.

Addition u/s 69 unsustainable as investment is out of NRI Repatriation funds

February 10, 2023 3771 Views 0 comment Print

ITAT Ahmedabad held that addition u/s 69 of the Income Tax Act as unexplained investment unsustainable as the investment is out of the NRI Repatriation funds came outside India and which is not taxable in India.

Addition u/s 69B based on document not containing name of assessee is unsustainable

February 10, 2023 2025 Views 0 comment Print

ITAT Bangalore held that addition under section 69B of the Income Tax Act for unexplained investment solely on the basis of the document that didn’t contained name of the assessee is unsustainable as the same is outside the purview of definition of section 153C(1)(a) & (b).

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