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Foreign exchange gain/ loss from ordinary course of business is operating cost/ revenue

December 15, 2022 6693 Views 0 comment Print

ITAT Pune held that foreign exchange gain/loss which has arisen from exports/imports of the product/materials which are in the ordinary course of business of the assesses are included as operating cost.

Tax benefit of India-UK DTAA available to LLP on Indian engagement income

December 15, 2022 4497 Views 0 comment Print

ITAT Delhi held that benefit of India-UK DTAA is available to Limited Liability Partnership on the portion of income from Indian engagement.

Interest received on enhanced compensation under section 28 of Land Acquisition Act, 1894 is not taxable

December 15, 2022 54876 Views 0 comment Print

ITAT held that Interest received under section 28 of Land Acquisition Act, 1894 is not taxable under section 56(2)(viii) read with sections 57(iv) and 145A of Income Tax Act,1961.

Provision of section 40A(3) doesn’t apply when payment for expenses are made by a person to an agent

December 14, 2022 6366 Views 0 comment Print

ITAT Ahmedabad held that clause (k) of Rule 6DD specifies that where payment for expenses are made by a person to an agent who is required to make payment in cash on behalf of such person, then rigours of section 40A(3) are not applicable.

Additional claim can be entertained by appellate authority

December 14, 2022 2136 Views 0 comment Print

ITAT Surat held that Assessing Officer is not entitled to admit or entertain additional claim during the assessment proceedings, however the appellate authority has such jurisdiction to admit such additional claim.

Revision power u/s 263 cannot be invoked if enquiry conducted by AO

December 14, 2022 2601 Views 1 comment Print

ITAT Pune held that if there was enquiry conducted by the AO even if the enquiry in inadequate there will be no occasion to the Commissioner to exercise the power of revision u/s 263 of the Income Tax Act.

Setting Off of business loss against Dividend Received from Foreign Subsidiary was allowable

December 14, 2022 7596 Views 0 comment Print

Assessee was entitled to set-off brought forward business loss and unabsorbed depreciation against the dividend income  as the non-obstante clause provided in Section 115BBD(1) covered both current year loss as well as brought forward business loss, therefore,  Tata Industries was eligible for set off of current year business loss against the foreign dividend income received by it.

As main business includes letting of property income from same is taxable under Income from Business

December 14, 2022 3651 Views 0 comment Print

ITAT Delhi held that the main objective of the assesses is to carry on the business of letting out of properties and hence the income earned by the assessee from letting out of the property is assessable under the head Income from Business.

Loss of investment not entitled as bad debts even cannot be claimed as business loss

December 14, 2022 2178 Views 0 comment Print

ITAT Hyderabad held that if the assessee is not entitled to claim the loss of investment as bad debts, the same cannot be claimed as business loss as per his sweet will.

Bad debts from credit card business is allowable as deduction u/s 36(1)(vii) of the Income Tax Act

December 14, 2022 1455 Views 0 comment Print

ITAT Mumbai held that bad debts arising from credit card business would be part and parcel of loss arising in the course of banking business and hence liable as deduction u/s.36(1)(vii) of the Income Tax Act.

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