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Addition u/s. 68 unsustainable as genuineness of depositors proved

October 6, 2023 1167 Views 0 comment Print

ITAT Jodhpur held that addition under section 68 of the Income Tax Act towards unexplained credit unsustainable as genuineness of the depositors provided by filing confirmation, affidavits, bank statement, etc.

Service relating to mining of natural resources not taxable in terms of India-Portugal DTAA

October 6, 2023 492 Views 0 comment Print

ITAT Delhi held that amount received towards service rendered by the assessee is in connection with installation/erection of plant and machinery involved in mining of natural resources fall within the exceptions provided under Article 12(5)(f) and 12(5)(g) of India – Portugal DTAA and hence not taxable.

Deduction u/s 37(1) not allowable on interest paid on late payment of TDS

October 6, 2023 4227 Views 0 comment Print

ITAT Hyderabad held that interest payment on late payment of TDS is not compensatory in nature and is not allowable as deduction u/s 37(1) of the Income Tax Act.

Contribution received from commodity exchange exempt i/s. 10(23EC) of Income Tax Act

October 6, 2023 540 Views 0 comment Print

Held that prior to 1-­4- 2024 there was no bar on assessee claiming exemption under section 10 (23EC) and under section 11 and 12 of the act. Accordingly, contribution received from commodity exchange and members thereof is exempt u/s 10(23EC) of the Income Tax Act.

Order passed based on submissions made before CIT(A) without conducting enquiry unsustainable

October 6, 2023 453 Views 0 comment Print

ITAT Kolkata remanded the matter back to CIT(A) as relief was granted to the assessee on the basis of various submissions which were for the first time furnished before CIT(A) and CIT(A) prior to granting relief didn’t conduct any enquiry on the same.

Section 10(23C)(iiiab) exemption not available to society not substantially financed by government

October 6, 2023 3447 Views 0 comment Print

ITAT Raipur held that assessee-society not being wholly and substantially financed by the government is not entitled for claiming exemption under Section 10(23C)(iiiab) of the Income Tax Act, 1961.

Flat Holding Period for Section 54F Deduction reckoned from allotment letter date

October 5, 2023 6573 Views 0 comment Print

In ACIT Vs Sanjay Kumath case, ITAT Indore ruled on Section 54F deduction eligibility based on period of holding of a flat from date of allotment letter. Learn about detailed analysis and conclusion of this case.

Additional Deduction Claimable Under Section 80JJAA After Return Filing

October 5, 2023 1734 Views 0 comment Print

ITAT Delhi held that the assessee is entitled to make additional claim of deduction u/s. 80JJAA of the Income Tax Act on the strength of judgment of Hon’ble High Court of Karnataka even though the same was not included while filing return of income.

No TDS on Joint Venture Payments Without Contractual Relation

October 5, 2023 2142 Views 0 comment Print

ITAT Kolkata held that Joint Venture is not required to deduct TDS u/s. 194C from the payments made to one of its constituents for execution of work awarded to it as no contractual relation exists. Further, Joint Venture is also not required to deduct TDS u/s. 194H from payments made to another constituent as compensation.

Tax leviable as receipt qualifies as Fees for Technical Services as per Indo – Singapore DTAA

October 5, 2023 837 Views 0 comment Print

ITAT Delhi held that payments received by the assessee qualifies as Fees for Technical Services (FTS) under sub-clause (4) of Article 12 of Indo – Singapore DTAA and hence rightly brought to tax @10%.

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