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Depreciation on goodwill resulted from approved scheme of amalgamation is allowable

November 2, 2022 3240 Views 0 comment Print

ITAT Kolkata held that the claim the depreciation on goodwill which has resulted from the scheme of amalgamation which was duly approved by the Hon’ble Calcutta High Court cannot be rejected.

Exemption u/s 10AA available on goods re-exported by approved SEZ unit

November 2, 2022 2088 Views 0 comment Print

ITAT Mumbai held that exemption u/s 10AA of the Income Tax Act available in case imported goods are re-exported by a unit duly approved by development commissioner of concerned SEZ.

Amount booked on actuarial valuation cannot be contingent

November 2, 2022 1908 Views 0 comment Print

ITAT Bangalore held that provision for long term service award is made on actuarial valuation and amount provided for in the books of accounts based on actuarial valuation cannot be said to be contingent.

Condonation not granted due to casual approach of the appellant

November 2, 2022 1575 Views 0 comment Print

ITAT Pune rejected the petition for condonation of delay in filing an appeal as it was found that the appeal was casual, non-serious and non-vigilant in preferring appeal against the impugned orders.

Reopening u/s 148 justified as assessment order suffered from non-application of mind

November 2, 2022 1566 Views 0 comment Print

ITAT Delhi held that assessment order suffered from non-application of mind and also overt omission and failure on the part of the assessee to disclose fully and truly all material facts as were necessary for the assessment. Accordingly, reopening of assessment u/s 148 justified.

Disallowance u/s 40(a)(i) unsustainable as payment is not taxable in India

November 1, 2022 1821 Views 0 comment Print

ITAT Bangalore disallowance u/s 40(a)(i) of the Income Tax Act for non-deduction of TDS for payments not qualifying as fees for technical services and not being business income taxable in India is sustainable

Levy of late fees u/s 234 prior to 1st June 2015 is unsustainable

November 1, 2022 3633 Views 0 comment Print

ITAT Mumbai held that levy of late filing fees u/s 234 of the Income Tax Act for any period prior to 01/06/2015 would not be sustainable in the eyes of law.

Addition u/s 68 of the Income Tax Act based on generalized external information unsustainable

November 1, 2022 1815 Views 0 comment Print

ITAT Mumbai held that addition of capital gain as unexplained cash credit u/s 68 of the Income Tax Act is unsustainable on the basis of generalized external information as it cannot be considered as incriminating material found during the course of search.

Disallowance u/s 14A of Income Tax Act not allowable in absence of exempt income

November 1, 2022 1209 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.

Cost of improvements towards capital assets eligible for indexation benefit

November 1, 2022 2562 Views 0 comment Print

ITAT Bangalore held that expenditure for cost of improvements incurred towards capital assets is eligible for indexation benefit.

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