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Amendment to provisions of section 50C(1) is retrospective in nature

October 3, 2023 2535 Views 0 comment Print

ITAT Hyderabad held that amendment to provisions of section 50C(1) of the Income Tax Act is retrospective in nature and hence the value adopted or assessed or assessable by the Stamp Valuation Authority on the date of agreement has to be taken for the purpose of full value of the consideration.

No Deduction u/s 80I(4) of Income Tax Act to be Allowed without Agreement between Assessee and Government /Statutory body: ITAT

October 3, 2023 930 Views 0 comment Print

DCIT Vs HES Infra Private Limited (ITAT Hyderabad) The Hyderabad Bench of Income Tax Appellate Tribunal (ITAT) held that the agreement was not entered between the assessee and the Government / Statutory Government and there was a violation laid down by the statute and therefore, the assessee is not entitled to claim deduction The assessee […]

Income Tax Act Section 43CA Provisions Effective Since April 1, 2014

October 3, 2023 2538 Views 0 comment Print

ITAT Mumbai held that provisions of Section 43CA of the Income Tax Act are effective only from 1st April 2014. Accordingly, the same are not applicable when part payment was received in 2010.

Addition u/s 68 of Income Tax Act based on retracted statement unsustainable

October 3, 2023 2670 Views 0 comment Print

ITAT Mumbai held that addition u/s. 68 of the Income Tax Act merely based on statement of the key person which was retracted subsequently unsustainable as genuineness, identity and creditworthiness proved.

Disallowance u/s 40A(3) sustained as benefit of exception u/r 6DD(f) not eligible

October 3, 2023 942 Views 0 comment Print

ITAT Delhi held that the payment of assessee made in cash in violation of section 40A(3) of the Act is not eligible for benefit of exceptions envisages under Rules 6DD(f) in absence of any evidence supporting identity and genuineness of the supplier.

Revisional Power: Difference of Opinion Alone Insufficient to invoke Section 263

October 3, 2023 582 Views 0 comment Print

In a recent case, ITAT Delhi ruled that having a difference of opinion alone is insufficient to invoke Section 263 of the Income Tax Act.

No section 271(1)(c) penalty on non-existing or deleted disallowances

October 3, 2023 1143 Views 0 comment Print

ITAT Delhi rules that penalties under section 271(1)(c) of the Income Tax Act cannot be imposed based on non-existing or deleted disallowances.

Appeal by Suspended Director Post-IRP Appointment Not Maintainable: ITAT

October 3, 2023 1026 Views 0 comment Print

In a recent case, ITAT Delhi ruled that an appeal by a suspended director after appointment of an Interim Resolution Professional (IRP) is not maintainable.

TDS on rent reimbursement not deductible if no lessor & lessee relationship

October 3, 2023 3747 Views 0 comment Print

In a recent case, ITAT Kolkata ruled that TDS on rent reimbursement is not deductible if there is no lessor and lessee relationship, siding with McNally Bharat Infrastructure.

Section 79 Triggers on Change in Beneficial Ownership of Shares: ITAT

October 3, 2023 2823 Views 0 comment Print

In this article, we discuss ITAT Mumbai’s decision in Hiranandani Healthcare Pvt Ltd vs CIT case regarding set-off of brought forward losses and impact of Section 79 on individual shareholding changes.

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