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ITAT Declares Assessment Void Due to Non-Existent Entity

October 26, 2023 378 Views 0 comment Print

In a significant ruling, ITAT Ahmedabad declares an assessment order void, passed in the name of a non-existent entity after a court-approved amalgamation.

Change of CA Leading to Non-Receipt of Notices: ITAT Directs Re-Adjudication

October 26, 2023 411 Views 0 comment Print

In Narayan Dattarao Giram Vs ITO, ITAT Pune grants the assessee another chance due to a Chartered Accountant change resulting in non-receipt of notices.

Deduction u/s 54F not eligible as flats not hold for minimum period of 3 years

October 25, 2023 945 Views 0 comment Print

ITAT Hyderabad held that claim of deduction under section 54F of the Income Tax Act not available as the flats sold are not hold for a minimum period of 3 years.

Addition u/s 68 towards unexplained cash credit unjustified as source of cash deposit proved

October 25, 2023 1833 Views 0 comment Print

ITAT Ahmedabad held that addition under section 68 of the Income Tax Act towards unexplained cash credit unjustified as source of cash deposit on account of sale of petrol, diesel and other petroleum products duly proved.

Subsidy from Government under Focus Market Scheme is revenue receipt

October 25, 2023 891 Views 0 comment Print

ITAT Chennai held that subsidy received from Government of India under the Focus Market Scheme is Revenue in nature. The same cannot be at any stretch of imagination considered as capital in nature.

Form 10IC: One-Time Filing for Concessional Tax Rate under Section 115BAA

October 25, 2023 1401 Views 0 comment Print

Explore the ITAT Delhi’s decision in Concentrix Daksh Services vs ACIT case. Understanding the applicability of concessional tax rates and the misconceptions.

Cash Shortfall in Survey vs. Books: No Addition Allowed

October 25, 2023 636 Views 0 comment Print

Explore Almech Enterprises Vs. ACIT case. Learn why a cash shortfall in a survey compared to books doesn’t warrant an addition under section 69C of the Income Tax Act.

No addition on account of royalty in absence of technical knowledge, skill in terms of Article 12(4)(b) of India-Singapore DTAA

October 25, 2023 384 Views 0 comment Print

Receipts from providing information technology related support services could not be considered as royalty and/fees for technical services as while running the services, assessee had not made available any technical knowledge, experience, skill in terms of Article 12(4)(b) of the DTAA and as such, receipts in question were not FTS liable to tax in India.

Addition u/s 153A in amalgamated company relating to entries in books of amalgamating company prior to amalgamation unjustified

October 25, 2023 810 Views 0 comment Print

Held that the entries in the books of account of amalgamating companies prior to amalgamation cannot be part of the additions made under section 153A in the hands of the assessee (i.e. amalgamated company). Accordingly, additions deleted.

No addition u/s 41 for opening balance of trade payables in absence of verification of parties

October 25, 2023 945 Views 0 comment Print

AO without bringing any material or reasons before making any addition, simply added back the opening balances of the trade payables without making any verification from the parties and he had failed to discharge the preliminary onus and had made the addition in summary manners, therefore, CIT(A) had committed no error in deleting the addition made u/s 41.

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