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All ITAT

Reopening of completed assessment beyond four years unjustified as material facts fully and truly disclosed

October 5, 2023 657 Views 0 comment Print

ITAT Raipur held that reopening of completed assessment beyond four years without failure on the part of the assessee to fully and truly disclose all the material facts is unjustified and liable to be quashed.

Nature and source of credit being linked to business it cannot be assessed under deeming section 68

October 5, 2023 891 Views 0 comment Print

ITAT Chennai held that once the nature and source of credit found in the books of accounts is linked to business, then any income generated out of such business activity is assessable under the head income from business and profession alone, but not under the provisions of section 68 of the Income Tax Act.

Expense incurred for earning income chargeable under income from other source allowable as deduction u/s 57(iii)

October 4, 2023 789 Views 0 comment Print

ITAT Mumbai held that any expenditure incurred for purpose of earning income chargeable under the head ‘income from other sources’ is allowable as deduction u/s. 57(iii) of the Income Tax Act.

Disallowance restricted to 0.5% of guarantee value in corporate guarantee to AE

October 4, 2023 1290 Views 0 comment Print

ITAT Chennai held that the corporate guarantee to Associated Enterprise (AE) is an international transaction and it has to be assessed at 0.5% of the corporate commission. Hence, directed AO to restrict the disallowance at 0.5% of the guarantee value.

Compensation for delay in handing over possession of property is allowable as business expense

October 4, 2023 1587 Views 0 comment Print

ITAT Bangalore held that the compensation paid for delay in handing over of possession of the property is the liability that arose in the course of business of assessee and hence allowable as business expenditure.

Indian subsidiary operating in independent manner doesn’t constitute PE

October 4, 2023 1035 Views 0 comment Print

ITAT Mumbai held that the Indian Subsidiary operating in an independent manner doesn’t constitute as a “Permanent Establishment” in India and hence income of the assessee is not allowable to be taxed in India.

ITAT deletes ALP adjustment as it falls within tolerance band of +/- 5% 

October 4, 2023 393 Views 0 comment Print

Read how ITAT Delhi deleted ALP adjustment in STEAG Energy Services vs. ACIT case, as it falls within tolerance band of +/- 5% under Section 92C(2) of Income Tax Act.

Subsequent generation of DIN would not change illegality of order: ITAT Indore

October 4, 2023 2904 Views 0 comment Print

Learn about ITAT Indore case involving absence of a DIN in an order passed u/s 154. Discover arguments, observations, and outcome in this detailed analysis.

Interest on TDS being compensatory in nature is allowable u/s 37(1)

October 3, 2023 3789 Views 0 comment Print

ITAT Jaipur held that interest paid on TDS is compensatory in nature and is a business expenditure allowable u/s 37(1) of the Income Tax Act

Section 271(1)(c) penalty unjustified without Income Concealment or Inaccurate Particulars

October 3, 2023 2886 Views 0 comment Print

ITAT Delhi held that imposition of penalty u/s. 271(1)(c) of the Income Tax Act unsustainable in absence of any concealment of income or furnishing inaccurate particulars of income by the assessee.

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