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Expenditure of pay revision as approved is allowable

November 14, 2022 1194 Views 0 comment Print

ITAT Cuttack held that scientific method of calculation is done and the pay revision is approved, hence the provision for the pay revision is an unascertained liability nor the liability does not crystalise.

Adjustment for disallowance u/s 14A to book profits u/s 115JB is untenable

November 14, 2022 1128 Views 0 comment Print

ITAT Bangalore held that AO cannot go beyond the profits as per profit and loss account prepared in accordance with the Companies Act except in the manner provided in Explanation 1 to section 115JB. therefore the action of the AO to make the adjustment for the disallowance u/s. 14A to the book profits u/s. 115JB is not tenable.

Leadership training receipts not taxable as per India – Portuguese DTAA

November 14, 2022 1323 Views 0 comment Print

ITAT Pune held that leadership training receipts is not chargeable to tax in the light of Article 12(4)(b) of DTAA between India and Portuguese

CBDT guidelines should be followed while assessing cash deposit during demonetization

November 14, 2022 8559 Views 0 comment Print

ITAT Bangalore held that revisionary powers u/s 263 of the Act rightly exercised by ld.Pr. CIT as AO failed to discharge his duty. Cash deposited during the demonetization period should be assessed as per CBDT guidelines.

Section 194H TDS not deductible on payment of credit card commission to banks

November 14, 2022 3621 Views 0 comment Print

ITAT Mumbai held that Commission to bank on payments received from customers who had made purchases through credit cards is not liable to TDS under section 194H of Act.

Dividends on Indian Depository Receipts not taxable in terms of Indo-Mauritius tax treaty

November 14, 2022 1527 Views 0 comment Print

ITAT Mumbai held that in terms of the provisions of the applicable tax treaty, i.e., Indo-Mauritius tax treaty, and as the provisions of the applicable tax treaty, being more beneficial to the assessee, override the provisions of the domestic law, the taxability of the dividends on the IDRs fails.

Interest u/s 201(1A) for delay in depositing TDS is unescapable

November 12, 2022 2919 Views 0 comment Print

ITAT Pune held that interest u/s 201(1A) was charged on account of ex-facie delay in depositing the deducted tax within the stipulated due dates and such levy is automatic and without escapement.

Deduction on leave encashment not available on accrual basis

November 12, 2022 2331 Views 0 comment Print

ITAT Bangalore held that as per provisions of section 43B(f) of the Income Tax Act deduction on leave encashment is available on actual payment basis and not available on accrual basis.

Denial of exemption u/s. 11 on the basis of general statement is unsustainable

November 12, 2022 1401 Views 0 comment Print

ITAT Mumbai held that denial of exemption under section 11 of the Income Tax Act on the basis of making general statement without examining the alleged receipts is unjustified.

Addition based on typographical error unsustainable

November 12, 2022 1782 Views 0 comment Print

ITAT Mumbai held that merely because the assessee couldn’t explain the balance amount of Rs. 8,57,000 mentioned in computation of income and return, the same cannot be added to the total income. Addition not sustainable on the basis of typographical error.

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