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Provisions of section 269ST is applicable to receiver & not to payer

November 3, 2022 2208 Views 0 comment Print

ITAT Bangalore held that assessee has paid money for the purpose of investment which is not disputed and therefore the provisions of Section 269ST of the Act is not applicable.

Section 14A Disallowance unsustainable in absence of exempt income

November 3, 2022 714 Views 0 comment Print

ITAT Bangalore held that no disallowance under section 14A of the Income Tax Act could be made if no exempt income was earned by the assessee.

Business promotion & Diwali expenses allowable as genuineness not doubted

November 3, 2022 3042 Views 0 comment Print

ITAT Delhi held that there is no doubt about the genuineness of the expenditure of business promotion expenses and Diwali expenses and there is also no finding that such expenses are incurred for the personal purpose/ extraneous nature of expenses.

Salary income earned by NRI for work performed abroad not taxable in India

November 3, 2022 3609 Views 0 comment Print

Kanagaraj Shanmugam Vs ITO (ITAT Chennai) From the fact it emerges that the assessee has stayed in India for 63 days during this year and his status, as per law, is non-resident. The assessee has worked in India for 21 days and offered proportionate salary to that extent to tax. For remaining period, the work […]

TDS not deductible on EDC Payment to HUDA; Section 271C penalty not imposable

November 3, 2022 1593 Views 0 comment Print

Sirur Developers Pvt. Ltd. Vs JCIT (TDS) (ITAT Delhi) ITAT find that the issue as to whether penalty under section 271C of the Act is leviable for non-deduction of tax on payments made for External Development Charges (EDC) to HUDA came up for hearing before the Tribunal in the case of TDI Infrastructure Ltd. Vs. […]

ill health & transfer of residence reasonable cause for non-submission of document to AO

November 3, 2022 693 Views 0 comment Print

Shashank Shekhar Singh Vs DCIT (ITAT Ahmedabad) ITAT have given our thoughtful consideration and perused the materials available on record including the paper book filed by the assessee wherein the additional evidences produced by the assessee before the Ld. CIT(A) namely the Mutual Funds statement was issued on 01.04.2014 whereas the reassessment was passed on […]

Penalty not imposable for non-submission of part documents related to bona fide claim as business was closed 

November 3, 2022 1122 Views 0 comment Print

Assessee had already closed down its business and therefore, could not file part documents as required by Assessing Officer, however, from documents produced, it is apparently clear that required details with regard to purchase price/value of property was available before authorities

TDS Liability is not attracted on Discount given to Distributors of Sim Cards: ITAT

November 2, 2022 1617 Views 0 comment Print

ITAT held that the sale of SIM cards/recharge coupons at discounted rate to the distributors was not commission and therefore not liable to deduct the TDS under Section 194H.

Expenditure of ESOP is revenue expenditure

November 2, 2022 2424 Views 0 comment Print

ITAT Bangalore held that the expenditure on account of ESOP is a revenue expenditure and had to be allowed as deduction while computing income.

Companies with similar functionality can be compared while valuing international transaction

November 2, 2022 1551 Views 0 comment Print

ITAT Hyderabad held that for comparability of company with that of the assessee, in case of international transactions, the criteria of functionally comparability needs to be considered.

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