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All ITAT

Gain from sale of equity shares is exempt under Article 13(4) of India-Mauritius DTAA

September 9, 2023 843 Views 0 comment Print

ITAT Delhi held that as shares were acquired prior to 01.04.2017, gain derived from sale of such equity shares is exempt under Article 13(4) of India-Mauritius DTAA.

Addition u/s 56(2)(x) of Income Tax Act in casual manner unsustainable

September 9, 2023 4545 Views 0 comment Print

ITAT Surat held that addition under section 56(2)(x) on the Income Tax Act unsustainable as addition made in casual manner without considering payment made on account of various amenities.

Foreign tax credit eligible as form no. 67 filed before processing return

September 9, 2023 1509 Views 0 comment Print

ITAT Mumbai held that as Form No. 67 has been filed by the Appellant before the processing the return of income under Section 143(1) of the Income Tax Act, foreign tax credit is duly eligible.

Disallowance of loss claimed u/s 41 in hypothetical way needs fresh examination

September 9, 2023 687 Views 0 comment Print

ITAT Kolkata held that disallowance of loss claimed by the assessee under section 41 of the Income Tax Act in a hypothetical way is unjustified and accordingly matter set aside for afresh examination.

Disallowance Under Section 40(a)(ia) valid for Non-TDS on NBFC Interest

September 9, 2023 13125 Views 0 comment Print

Analyzing the case of Sanjay Bajpai Builders Vs ACIT and the ITAT Raipur’s ruling on disallowance u/s 40(a)(ia) of the Income Tax Act for failure to deduct TDS on interest to NBFCs.

ITAT Mumbai Restores Set-Off Dispute: STCG vs. Non-STT Short-Term Capital Loss

September 9, 2023 594 Views 0 comment Print

Delve into the Prem Naraindas Raney Vs DCIT (ITAT Mumbai) case to understand the complexities surrounding the set-off of short-term capital loss against gains under section 70 and 71 of the Income Tax Act, 1961.

No Disallowance for delayed PF Deposit due to EPFO Portal Glitches

September 9, 2023 7410 Views 0 comment Print

Learn about the ITAT Delhi’s ruling on FIL India Business & Research Services Pvt Ltd Vs ACIT, where technical issues on EPFO’s portal excused a PF delay.

Interest income, cannot notionally be excluded while determining allowable of deduction of remuneration to partners

September 8, 2023 1512 Views 0 comment Print

ITAT held that  income for purpose of ascertaining ceiling on the basis of book profit, the profit shall be as appearing in the P & L  a/c. The interest income, thus, cannot notionally be excluded while determining allowable of deduction of remuneration to partners u/s 40(b)(v) .

Addition not sustained as non-accounting of expired stock doesn’t impact profitability

September 7, 2023 564 Views 0 comment Print

ITAT Chandigarh held that mere non-accounting of the expired stock as part of the opening stock would not have any impact on the profitability. Accordingly, addition thereof is liable to be deleted.

Penalty imposed u/s 270A is appealable before CIT(A)

September 7, 2023 6972 Views 0 comment Print

ITAT Raipur held penalty imposed u/s. 270A of the Income Tax Act clearly falls within the realm of orders appealable before the CIT(Appeals) u/s. 246A of the Income Tax Act.

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