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Addition unsustainable as genuineness of agricultural operations accepted

August 20, 2023 738 Views 0 comment Print

ITAT Indore held that addition unsustainable as genuineness of the agricultural operations of the assesse and sales made by the assesse duly accepted.

Amount received mistakenly and returned back with interest is allowable as deduction u/s 37

August 20, 2023 750 Views 0 comment Print

ITAT Delhi held that amount which was mistakenly received and returned with interest by virtue of order of the Court is allowable as deduction under section 37 of the Income Tax Act.

Passing of revisionary order u/s 263 without issuance of notice on subject matter is unjustified

August 20, 2023 354 Views 0 comment Print

ITAT Surat restored the matter back to the file of Pr. CIT as revisionary order under section 263 of the Income Tax Act cannot be passed without issuance of show cause notice on the subject matter. Such revisionary order is against the principal of natural justice.

Expense incurred for earning business income is allowable as business expense

August 20, 2023 336 Views 0 comment Print

ITAT Mumbai held that since service charges collected from the tenant was accepted as ‘income from business, any expenses incurred thereof is allowable as business expense.

Granted another opportunity of being heard and furnish requisite document for registration of Trust u/s 12AB

August 20, 2023 591 Views 0 comment Print

ITAT Ahmedabad restored the issue to the file of CIT(E) and directed to give another opportunity of being heard to the appellant in support of his case for registration of Trust u/s. 12AB of the Income Tax Act and also directed appellant to furnish requisite documents in the matter.

Imposition of penalty u/s 271(1)(c) without specifying the limb is bad-in-law

August 20, 2023 1284 Views 0 comment Print

ITAT Delhi held that penalty notice under section 271(1)(c) without specifying the limb is vague and ambiguous, accordingly, penalty proceedings not sustainable.

Income from technical handling services from IATP members not taxable in India

August 19, 2023 843 Views 0 comment Print

ITAT Delhi held that the income from technical handling services received from ‘International Airlines Technical Pool (IATP) members is not taxable in India as it is covered under Article 8(2) r.w. Article 8(1) of India-France DTAA.

Receipts from sale of software licenses are not royalty income

August 19, 2023 1245 Views 0 comment Print

ITAT Delhi held that the receipts from sale of software licenses are not in the nature of royalty income. Also held that, though, such income may be in the nature of business profit, however, no part of which can be attributed to the PE in India.

Notice issued u/s 153C without valid satisfaction notice is bad-in-law

August 19, 2023 4389 Views 0 comment Print

ITAT Jaipur held that in absence of a valid satisfaction note the notice issued under Section 153C of the Income Tax Act 1961 is bad in law. Resultantly the assessment order passed u/s 143(3) r.w.s. 153C of the Act is void ab initio and liable to be quashed.

Section 194H doesn’t apply on sells of pre-paid SIM at discounted price to distributors

August 19, 2023 843 Views 0 comment Print

ITAT Delhi held that provisions of section 194H of the Income Tax Act are not applicable on sells of pre-paid SIM at discounted price to the distributors. Further, as no TDS deductible, disallowance u/s 40(a)(ia) cannot be sustained.

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