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Actual status of payment by each co-owner needs to be verified in terms of applicability of section 194IA

October 20, 2023 309 Views 0 comment Print

ITAT Raipur resorted the matter back to AO to verify the actual status of payment of consideration by each co-owner vis-à-vis applicability of provisions of section 194IA of the Income Tax Act.

Arm’s Length Price of Employee Stock Option Plan cannot be taken as NIL

October 20, 2023 702 Views 0 comment Print

ITAT Mumbai held that Arm’s Length Price (ALP) of Employee Stock Option Plan (ESOP) cannot be taken as NIL. Accordingly, matter set aside with direction to re-compute ALP and transfer pricing adjustment.

Penalty u/s 271D sustained for cash receipts in contravention of provisions of section 269SS

October 20, 2023 1467 Views 0 comment Print

ITAT Hyderabad held that receipt of more than Rs. 20,000 by way of cash without any reasonable cause is in contravention of provisions of section 269SS of the Income Tax Act. Accordingly, penalty under section 271D duly imposed.

Invocation of revisionary power u/s 263 unsustainable as inquiry was duly conducted by AO

October 20, 2023 297 Views 0 comment Print

ITAT Delhi held that invocation of revisionary power u/s. 263 of the Income Tax Act unsustainable as Assessing Officer duly carried out all the inquiry before passing assessment order u/s. 143(3) of the Income Tax Act.

Deduction u/s 37(1) not available to pharmaceutical company gifting freebies to doctors

October 20, 2023 627 Views 0 comment Print

ITAT Ahmedabad held that the assessee (pharmaceutical company) is not entitled for claiming deduction under section 37(1) of the Income Tax Act on account of freebies given to the doctors.

Reopening of assessment based on wrong and irrelevant facts is unsustainable-in-law

October 19, 2023 5526 Views 0 comment Print

ITAT Chandigarh held that reopening of assessment under section 147 of the Income Tax Act based on wrong and irrelevant facts recorded under the reasons recorded for the formation of belief of escapement of income chargeable to income tax is unsustainable in law and liable to be quashed.

ITAT Upholds Penalty for Income Concealment Despite Retracted Confession

October 19, 2023 393 Views 0 comment Print

ITAT Delhi affirms penalty under section 271(1)(c) of Income Tax Act against Amandeep Singh Sran for concealing income. Analysis of the case and its implications.

Amount for use of transponder of telecommunication service charges doesn’t qualify as royalty

October 19, 2023 537 Views 0 comment Print

Held that the amounts received for the use of transponder of tele-communication service charges are not royalty under section 9(1)(vi) of the Income Tax Act and also under Article 12(8) of Indo Netherland DTAA.

Matter resorted back to prove genuineness of activities via-a-vis application for registration u/s 12AB

October 19, 2023 480 Views 0 comment Print

ITAT Jaipur restored the matter back to CIT(E) as application for registration u/s. 12AB of the Income Tax Act was rejected solely due to alleged non-genuineness of the activities as charitable nature of activities of assessee not disputed.

Revisionary Jurisdiction Can’t Exceed Scope of “Limited Scrutiny”

October 19, 2023 564 Views 0 comment Print

ITAT Pune rules that assessment under limited scrutiny cannot exceed its prescribed scope, preventing the use of revisionary jurisdiction under section 263 of the Income Tax Act.

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