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All ITAT

Assessment Under Sec. 143(3) Doesn’t Auto-Merge with 143(1) Intimation

September 2, 2023 10401 Views 0 comment Print

Mere completion of assessment under section 143(3) doesn’t automatically merge the intimation under section 143(1) with the assessment order

ITAT condones delay in filing of appeal due to mistake of consultant

September 2, 2023 1473 Views 0 comment Print

ITAT Ahmedabad condones Saraswati Trust’s late appeal due to consultant error, remands case for fresh consideration under Section 12A.

ITAT directs AO to correct arithmetical error in Section 10AA deduction computation

September 2, 2023 747 Views 0 comment Print

ITAT Chennai ruled to correct an arithmetical error made during scrutiny assessment, directing the Assessing Officer to allow the full Section 10AA deduction.

AO not empowered to withdraw or modify or substitute assessment order passed by him

September 2, 2023 1122 Views 0 comment Print

ITAT Delhi held that law does not confer any power on the Assessing Officer to either withdraw or modify or substitute one assessment order passed by him earlier with another assessment order subsequently.

Specified domestic transactions adjustment invalid after 01.04.2017

September 2, 2023 495 Views 0 comment Print

Finance Act, 2017 removed clause (i) of section 92BA, effectively nullifying any decisions made by the Assessing Officer under this section. Reference to the TPO under section 92CA also becomes invalid

Section 270A Penalty is not automatic & necessitate a substantial misrepresentation or suppression of facts

September 2, 2023 2508 Views 0 comment Print

ITAT Chennai rules in the case of Kannappan Vijayalakshmi vs ITO, stating that the mere non-acceptance of a claim by the assessee doesn’t mean automatic penalty under section 270A(9)(a). Explore the detailed analysis and implications.

Non-Cooperation by Tax Consultant: ITAT Orders Fresh Adjudication

September 2, 2023 1770 Views 0 comment Print

Read how ITAT Ahmedabad orders fresh adjudication due to non-cooperation of tax consultant in furnishing property investment details in Pravinchandra Naranbhai Patel case.

Software licence fee reimbursement not taxable as no Permanent Establishment in India

September 1, 2023 1173 Views 0 comment Print

ITAT Delhi held that software licence fee received as reimbursement, in absence of a Permanent Establishment in India, is not taxable. Accordingly, addition towards the same deleted.

Existence of business exigency needs to be proved for payments in cash to avoid addition u/s 40A(3)

September 1, 2023 939 Views 0 comment Print

ITAT Bangalore remanded the matter back to AO for fresh consideration as assessee didn’t proved existence of business exigency in making payment in cash and AO didn’t carried necessary enquiry before making addition u/s 40A(3) of the Income Tax Act.

Addition u/s 68 merely based on suspicion unsustainable

September 1, 2023 1566 Views 1 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act towards unexplained expenditure merely on the basis of suspicion without any other support is unsustainable in law.

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