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Tax exemption available to defence personnel invalidated from service due to bodily disability

October 21, 2022 11685 Views 3 comments Print

ITAT Delhi held that income tax exemption shall be available to the Defence Forces Personnel who have been invalidated from service on account of bodily disability while in service.

Activities of society for benefit of general public is eligible for Section 11 deduction

October 21, 2022 936 Views 0 comment Print

ITAT Mumbai held that activities of the appellant-society directed towards the benefit of investors and potential investors forming part of the general public which are note limited to the benefit of its members is eligible for deduction u/s 11 of the Income Tax Act, 1961

Section 263 Order unsustainable as AO allowed claim after due application of mind

October 21, 2022 2058 Views 0 comment Print

ITAT Bangalore held that AO allowed the claim of assessee after due application of mind and on proper consideration of the material available on record. Therefore, the order of Ld. CIT passed u/s 263 of the Act cannot be sustained.

Incidental benefit to AE doesn’t prove existence of international transaction

October 20, 2022 678 Views 0 comment Print

ITAT Delhi held that the main purpose of incurring of huge AMP expenses has largely benefited assessee in India, with an incidental benefit arising to foreign AE. Hence, it is very difficult to accept existence of an international transaction.

Right to make copy of software would constitute ‘Royalty’ TDS deductible u/s 195

October 19, 2022 492 Views 0 comment Print

ITAT Ahmedabad held that the transfer of copyright including the right to make copy of software for international business, any payment made in that regard would constitute Royalty. Thus, TDS is deductible u/s 195 on the payment made by the assessee to the non-resident supplier.

Non-voluntary donations are not eligible for deduction u/s 11(1)(d) of the Income tax Act

October 19, 2022 1608 Views 0 comment Print

ITAT Ahmedabad held that donations which are not voluntary in nature cannot be treated as corpus donation and hence not eligible for deduction u/s 11(1)(d) of the Income tax Act

Disallowance u/s 10B(7) r.w.s. 80IA(10) with material evidence is unsustainable

October 19, 2022 849 Views 0 comment Print

ITAT Pune held that AO had not brought any material indicating the existence of an arrangement between the assessee company and its foreign AE, as a result of which more profits than ordinarily have been produced to the assessee company. Hence, provisions of section 10B(7) r.w.s. 80IA have no application.

Section 56 -Stamp duty value on agreement date is to be considered and not value on registration date

October 19, 2022 8715 Views 0 comment Print

Sajjanraj Mehta Vs ITO (ITAT Mumbai) During the appellate proceedings, the appellant vide letter dated 03/04/2018 submitted that the AO has made addition ignoring the 1st and 2nd proviso to section 56(2)(vii)(b) inserted by Finance Act, 2013 w.e.f. 01.04.2014. The appellant was allotted flat no. 502 in the building Kamla Astral, Dadar for a total […]

Disallowance u/s 40(a)(i) unsustainable as consideration not regarded as income deemed to accrue or arise in India

October 18, 2022 1293 Views 0 comment Print

ITAT Bangalore held that disallowance u/s 40(a)(i) unsustainable as assessee is not liable to deduct TDS for reason that consideration received couldnt have been regarded as income deemed to accrue or arise in India.

Denial of exemption u/s 54F for mere technical default is unjustified

October 18, 2022 801 Views 0 comment Print

ITAT Ahmedabad held that denial of exemption u/s 54F of the Income Tax Act for a mere technical default, beyond the control of assessee, in not getting the new property registered within the stipulated time period of two years is unjustified.

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