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Transaction charges incurred wholly and exclusively for business is allowable expenditure

January 7, 2023 2472 Views 0 comment Print

ITAT Ahmedabad held that the transaction charges are actually additional cost of funds raised for the purpose of business Hence expenditure incurred on account of the same was wholly and exclusively for the purpose of business.

Expense of plot of land treated as WIP hence income from its sale taxable under Business Income

January 7, 2023 8916 Views 0 comment Print

ITAT Surat held that plot of land is reflected as asset as business WIP and also expenses incurred are also reflected as WIP. Accordingly, income from sale of land taxable under ‘Business Income’.

AO cannot travel beyond selected reasons for limited scrutiny

January 7, 2023 4155 Views 0 comment Print

ITAT Chennai held that it is not open for the Assessing Officer to travel beyond the reasons for selection of the scrutiny for limited scrutiny.

TDS not deductible on IT support service in absence of gaining technical knowledge

January 7, 2023 1104 Views 0 comment Print

ITAT Delhi held that as there is no gain of technical knowledge, experience or skill, the IT support service do not fall under the definition of FTS under Article 13 of the DTAA and hence TDS not deductible on the same.

Levy of penalty u/s 271(1)(c) unsustainable as matter debatable

January 6, 2023 1725 Views 0 comment Print

ITAT Ahmedabad held that in an identical matter, jurisdictional High Court ruled the matter in favour of the assessee, however, later on Apex Court held otherwise. Accordingly, the issue was debatable do to which levy of penalty u/s 271(1)(c) of the Income Tax Act is unsustainable.

Disturbing concluded assessment in search assessment without incriminating material is untenable

January 6, 2023 1080 Views 0 comment Print

Held that in respect of concluded assessments, the earlier assessment completed should not be disturbed in the search assessments without existence of any incriminating material.

Disallowance of PF ESIC vide 143(1) intimation is correct: ITAT-Pune

January 6, 2023 1950 Views 0 comment Print

Cemetile Industries Vs ITO (ITAT Pune) These appeals by different assessees are directed against the confirmation of disallowance u/s.36(1)(va) of the Income-tax Act, 1961 (hereinafter also called ’the Act’) made in the Intimations issued u/s.143(1) of the Act or thereafter its confirmation in the respective rectification orders for the assessment years 2017-18 to 2020-21. Due […]

Revisionary proceedings justified for failure to enquire about bogus transaction from penny stock companies

January 6, 2023 1080 Views 0 comment Print

ITAT Kolkata held that invoking revisionary proceedings justified as AO failed to conduct the enquiry about the bogus transactions inspite of the report of the Investigation Wing containing the list of 84 companies found to be penny stock companies available in the Income Tax Portal.

Profit & gains arising from transfer of interest in Hydro Projects taxable under income from business

January 6, 2023 1023 Views 0 comment Print

ITAT Pune held that profits and gains arising from transfer of interest in Hydro Projects is income from business and not income under the head ‘short term capital gains’.

Re-assessment based on information from DIT(Inv.)-II office is sustainable

January 6, 2023 1464 Views 0 comment Print

ITAT Pune held that information from the office of DIT (Inv.)-II is a tangible information enabling AO to form a belief that income has escaped assessment and hence proceedings of re-assessment justified.

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