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All ITAT

AO Can’t Make Tax Addition Based on Mere DDIT Suspicion Without Evidence

September 5, 2023 894 Views 0 comment Print

An in-depth analysis of ITAT Mumbai’s landmark decision in the case of ITO vs Kamalesh Mohandas Lakhwani. Explore why mere suspicion isn’t enough for additions under Section 69B of the Income Tax Act.

Exemption u/s. 54 unjustified as benefit claimed on different document and later transaction completed differently

September 5, 2023 717 Views 0 comment Print

ITAT Mumbai held that assessee claimed benefit u/s 54 on a different document, whereas ultimately the transaction completed on altogether a different set of conditions and property, which is not permissible to claim benefit u/s. 54 of the Act. Accordingly, benefit u/s. 54 denied.

Royalty or technical charges income of non-resident taxable in India on receipt basis under India-Switzerland DTAA

September 5, 2023 663 Views 0 comment Print

ITAT Bangalore held that in case of non-resident, income arising in India by way of royalties or technical charges could be taxed in India but that could be only on the receipt basis under India-Switzerland DTAA and not on accrual basis.

Transfer of reserve created out of tax paid profit is not mistake rectifiable under section 154

September 5, 2023 1287 Views 1 comment Print

ITAT Jodhpur held that merely by transferring the reserve created out of the tax paid profit subsequently transferred to capital account of the firm is not a mistake apparent on record and cannot be rectified under the guise of provision of section 154 of the Act

Waiver of Loan Not Cessation of Trading Liability under Section 41(1): ITAT Delhi

September 5, 2023 942 Views 0 comment Print

Analysis of ITAT Delhis ruling in Luxor Writing Instruments (P) Ltd Vs DCIT. The tribunal clarifies that the waiver of a loan does not amount to cessation of trading liability under Section 41(1) of the Income Tax Act.

Late Form No. 67 Filing Doesn’t Deny Foreign Tax Credit Under India-Tanzania DTAA

September 5, 2023 558 Views 0 comment Print

A detailed look at the recent ITAT Ahmedabad ruling in the case of Manoj Kaushikprasad Jingar Vs Assessing Officer. Explore how the tribunal addresses the issue of late filing of Form No.67 under the India-Tanzania DTAA.

Actual Gratuity Deduction Not Disallowed: ITAT Directs Fresh Consideration

September 5, 2023 1338 Views 0 comment Print

Explore a detailed analysis of the recent ITAT Bangalore verdict on Integrace Private Limited Vs NFAC/CIT(A), focusing on provisions of gratuity and tax deductions under section 37 and 43B.

Demat Transactions via Registered Broker Not ‘Unexplained Income’ u/s 68

September 5, 2023 2487 Views 0 comment Print

Analyzing ITAT Mumbai’s landmark ruling in the case of ITO Vs Sanjay Mahabir Maheshka that deems income from share sales via Demat account as not Unexplained Income under section 68.

Charitable Trust Registration rejection without Application of Mind is Unsustainable

September 5, 2023 5205 Views 0 comment Print

A detailed analysis of ITAT Mumbai ruling in Surti Modh Vanik Jagruti Mandal Vs ITO (E). Learn why ITAT found CIT(E) rejection of the trust unsustainable.

ITAT quahes Revision Order u/s 263 for Re-examining Large Cash Deposits in Bank

September 5, 2023 3378 Views 0 comment Print

Analyzing the recent ITAT Delhi ruling in Navneet Bhardwaj Vs PCIT, which nullified a revisionary order under section 263 of the Income Tax Act for AY 2016-17, touching upon the legal intricacies and implications.

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