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Addition u/s. 69A towards unexplained money based on unsigned unexecuted draft agreement unsustainable

September 13, 2023 4983 Views 0 comment Print

ITAT Delhi held that towards unexplained money u/s. 69A of the Income Tax Act merely on the basis of unsigned unexecuted draft agreement to sale without any other collaborative evidence is unsustainable in law.

Loss due to embezzlement by employees allowable as deduction u/s 28

September 13, 2023 1914 Views 0 comment Print

ITAT Mumbai held that that loss arising due to embezzlement by the employees should be treated as incidental to the business such loss so suffered is allowable as deduction under section 28 of the Income Tax Act.

TPO’s scope is limited to computing arm’s length price of a transaction

September 13, 2023 477 Views 0 comment Print

ITAT Delhi deleted TP adjustment on payment of model fee for export to AEs stating that scope of TPO is limited to determination of arm’s length price and TPO cannot adjudge commercial expediency of a transaction.

Reopening of assessment without any fresh tangible material unsustainable

September 13, 2023 945 Views 0 comment Print

ITAT Ahmedabad held that reopening of assessment under section 147 of the Income Tax Act initiated on a mere change of opinion without any fresh tangible material unsustainable in law.

ITAT Orders Fresh Adjudication: Section 68 Addition without allowing cross-examination

September 13, 2023 780 Views 0 comment Print

Analysis of the Shiv Charan Vs ITO case by ITAT Delhi, where a fresh adjudication was ordered on income tax addition u/s 68, focusing on procedural fairness.

Foreign Assignment Allowances for Overseas Services Not Taxable in India

September 13, 2023 1107 Views 0 comment Print

Understanding the ITAT Hyderabad decision in Durga Prasad Sana Vs ITO. Why foreign assignment allowances received outside India aren’t taxed in India.

Failure to Furnish Income Return Deemed as Concealment: Penalty Justified

September 13, 2023 1074 Views 0 comment Print

Analysis of ITAT Chennai decision on V.S.J. Marketing Pvt. Vs DCIT. ITAT upholds penalty for failure to furnish Return of Income as concealment of income.

ITAT Mumbai Imposes Cost for Ignored Tax Proceedings

September 12, 2023 414 Views 0 comment Print

ITAT Mumbai imposes a cost on Rajendra Karbhari Bodake for ignoring income tax proceedings, highlighting the need to take such matters seriously.

Donation out of accumulated funds u/s. 11(2) are not allowable as application of income

September 12, 2023 1314 Views 0 comment Print

ITAT Delhi held that provisions of section 11(3) states that donations given out of accumulated funds u/s 11(2) of the Income Tax Act of earlier previous years are not allowable as application of income for charitable or religious purposes and the same shall be deemed to be income of the assessee.

Interest incurred for acquisition of clear title of property allowable as cost of acquisition

September 12, 2023 975 Views 0 comment Print

ITAT Mumbai held that interest cost incurred towards acquisition of the clear title of the property is allowable as cost of acquisition.

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