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All ITAT

Loss on sale of investment not deductible from book profits u/s 115JB

August 24, 2023 1389 Views 0 comment Print

ITAT Chennai held that as capital profit are to be excluded while computing book profit u/s 115JB, similarly, the adjustment of loss could also not be allowed u/s 115JB. Hence, loss on sale of investment could not be reduced from Book Profits u/s 115JB of the Income Tax Act.

Levy of penalty u/s 271D without any assessment proceedings is invalid

August 24, 2023 3246 Views 0 comment Print

ITAT Indore held that the penalty levied u/s 271D of the Income Tax Act without any assessment proceedings in the case of the assessee is not valid and liable to be quashed.

Remand Warranted: Assessee Deserves Opportunity – ITAT Indore

August 24, 2023 345 Views 0 comment Print

Noorul Hasan Baig Vs DCIT/ACIT case at ITAT Indore, exploring necessity of remand for an assessee’s second chance to present relevant documents.

Assessment of surrendered income from unexplained sources u/s 69 is invalid

August 24, 2023 3273 Views 0 comment Print

ITAT Chandigarh’s ruling on assessment of surrendered income under section 69 of Income Tax Act. Jaspreet Singh Mauj’s case offers insights into legitimacy of such assessments.

Source of cash deposits adequately explained – ITAT deletes addition

August 24, 2023 2643 Views 0 comment Print

Dive into the ITAT Chandigarh’s ruling in case of Manjeet Singh vs. ITO, which deliberates on validation of unexplained cash deposits.

Reputation Protection Costs deductible under Section 37 of Income Tax Act

August 23, 2023 1356 Views 0 comment Print

ITAT Delhi ruling on ACIT vs. Liberty Shoes Ltd. case. Expenditure to avoid reputation damage and litigation costs allowed as valid business expense under Section 37 of Income Tax Act.

CIT (A) cannot enhance taxable income based on issues not considered by AO

August 23, 2023 1518 Views 0 comment Print

Read a detailed analysis of case of Apeejay Shipping Ltd. vs ACIT in ITAT Kolkata regarding jurisdiction of CIT (A) to raise new tax issues and enhance taxable income.

Departmental authorities cannot question validity of Tax Residency Certificate

August 23, 2023 936 Views 0 comment Print

ITAT Delhi held that that the departmental authorities cannot question the validity of Tax Residency Certificate. Once the assessee holds a valid TRC, it proves the residential status of the assessee as resident of Mauritius, hence, it will be eligible to treaty benefits.

Sale of Land: Not Business Income Without Trade Indicators – ITAT Ahmedabad

August 23, 2023 1407 Views 0 comment Print

ITAT Ahmedabad held that treating transaction of sale of land as business income without any base which indicates that the transaction would be an adventure in the nature of trade. Hence, AO rightly treated sale of land as capital gain.

Expenditure incurred for earning income is to be allowed even if society not registered u/s 12A

August 22, 2023 1170 Views 0 comment Print

ITAT Kolkata held that gross receipts cannot be taxed entirely, estimated expenditure incurred by the society for earning this income needs to be allowed even if the society is not registered under section 12A of the Income Tax Act.

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