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Conflict of Interest in ITAT Chennai: Detailed Analysis and Conclusion

October 17, 2023 1377 Views 0 comment Print

Explore the case of Daechang Seat Co. Ltd. Vs DCIT at ITAT Chennai, involving a ‘conflict of interest’ issue. Learn about legal principles, professional conduct, and how it impacts income-tax proceedings

Penalty u/s. 271(1)(c) unjustified as voluntary deposit was done before receipt of notice u/s 148

October 16, 2023 867 Views 0 comment Print

ITAT Delhi held that imposition of penalty under section 271(1)(c) of the Income Tax Act unjustified as voluntary deposit of tax was done before receiving notice under section 148 of the Income Tax Act.

Imposition of penalty u/s. 271(1)(b) within time limit contemplated in section 275(1)(a) justified

October 16, 2023 4266 Views 0 comment Print

ITAT Raipur held that imposition of penalty u/s. 271(1)(b) of the Income Tax Act within the time period contemplated in clause (a) of sub-section (1) to Section 275, i.e six months from the end of the month in which appellate order was received is duly justified.

Addition u/s 68 unjustified as sufficient evidences placed to discharge initial onus

October 16, 2023 912 Views 0 comment Print

ITAT Delhi held that assessee has placed sufficient evidences to discharge initial onus to explain the nature and source of loans. Accordingly, addition u/s. 68 of the Income Tax Act towards unsecured loan unjustified.

Levy of late fees u/s 234E for delay in filing TDS return for period prior to 01.06.2015 unwarranted

October 16, 2023 1554 Views 0 comment Print

ITAT Jodhpur held that levying late fees u/s 234E of the Income Tax Act for delay in filing TDS return for 4th quarter of F.Y. 2012-2013 unwarranted as power to levy fees has come into effect only from 01.06.2015

Receipts taxable under FTS/FIS on failure to prove basis of cost allocation

October 16, 2023 765 Views 0 comment Print

ITAT Mumbai held that receipts taxable under Fees for Technical/ Included Services (FTS/FIS) as assessee failed to prove that it is actual reimbursement as there is no basis of allocation or actual cost incurred for affiliates.

Invocation of section 263 unjustified as order passed after considering information

October 16, 2023 774 Views 0 comment Print

ITAT Jaipur held that the assessment order passed by AO after considering the information filed during assessment proceedings cannot be said to be erroneous and prejudicial to the interest of the revenue. Every loss of revenue as a consequence of an order of the AO cannot be treated as prejudicial to the interests of the Revenue.

Long-term capital loss u/s 50B allowed as Form 3CEA filed during assessment proceeding

October 16, 2023 2025 Views 0 comment Print

ITAT Kolkata held that rejection of claim of long-term capital loss u/s 50B of the Income Tax Act unjustified as Form 3CEA filed during the assessment proceedings along with an affidavit mentioning reason for non-furnishing of Form 3CEA with return of income.

Addition towards LTCG sustained as no documentary evidence of lower sale consideration furnished

October 16, 2023 1755 Views 0 comment Print

ITAT Delhi held that addition towards long term capital gain sustained as assessee failed to furnish confirmation from the purchaser company as lower sale consideration was claimed by assessee.

Non-resident Services to Foreign Clients Exempt from Section 9 Provisions

October 14, 2023 1044 Views 0 comment Print

Learn about Shell Global Solutions International BV vs. DCIT case. Non-residents providing services outside India for foreign clients aren’t subject to Section 9 tax.

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