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Invocation of section 263 unjustified as order not prejudicial to revenue

August 17, 2023 735 Views 0 comment Print

ITAT Mumbai held that since the impugned MTM loss was duly reversed in the subsequent year and offered to tax, revisionary proceedings invoked under section 263 of the Income Tax Act cannot be sustained as there is no prejudice to the revenue.

No Tax on Income of company registered in Isle of Man received as principal from its agent in India

August 17, 2023 399 Views 0 comment Print

ITAT Mumbai held that services provided by Indian Company to company registered in Isle of Man (i.e. non-resident company) under Canvasser Agent Agreement, on principal-to-principal basis not taxable in India.

Deposit of cash sales in bank cannot be treated as deposit out of undisclosed income

August 17, 2023 4062 Views 0 comment Print

ITAT Mumbai held that cash sales accepted and then deposit of said cash in bank account cannot be treated as deposits made out of any undisclosed income. Accordingly, addition under section 68 unsustainable.

Interest earned by co-op society from investment with other co-op society deductible u/s 80P(2)(d)

August 17, 2023 2190 Views 0 comment Print

ITAT Bangalore held that section 80P(2)(d) of the Income Tax Act provides deduction to co-operative society from income earned by way of interest/ dividends from its investment with any other co-operative society.

Expenditure on scientific research not certified by DSIR is allowable as deduction u/s 37

August 17, 2023 924 Views 0 comment Print

ITAT Bangalore held that weighted deduction u/s 35(2AB) is not allowable for expenditure incurred on scientific research as the same are not certified by DSIR. However, such expenditure are allowable as deduction u/s 37 of the Income Tax Act.

ITAT allows 25% reduction in DLC Rate considering restriction on use of land, Section 50C addition deleted

August 17, 2023 1512 Views 0 comment Print

Read about the ITAT Jaipur decision in Ajay Kumar Jain vs ITO case, allowing 25% reduction in DLC Rate due to land use restrictions. Section 50C addition deleted. Analysis and conclusion included

TNMM is most appropriate method in absence of CUP which is applicable in intangibles

August 16, 2023 801 Views 0 comment Print

ITAT Hyderabad held that Transactional Net Margin Method (TNMM) was the most appropriate method in the absence of a Comparable Uncontrolled Price (CUP) which is applicable to the payment of technical service fee which is in nature of intangibles.

Charitable Trusts’ Activities Shouldn’t Be Restricted to Specific Caste: ITAT directs Readjudication

August 15, 2023 5220 Views 2 comments Print

Learn about Mar Baselius Orthodox Syrian Church vs CIT(Exemption) case where ITAT Surat discusses charitable activities of trusts and application of section 13(1)(b).

Registration in Partner’s Name Doesn’t Preclude Partnership Firm from Claiming Vehicle Depreciation

August 15, 2023 6774 Views 0 comment Print

Read about the Vinod Textiles vs ACIT case where ITAT Ahmedabad discusses the claim of depreciation on a motor vehicle registered in a partner’s name.

Revisionary Powers under Section 263: Error Must Be Factual or Legal

August 15, 2023 1803 Views 0 comment Print

Read the analysis of the Tata Aig vs CIT case where ITAT Mumbai discusses revisionary powers under Section 263 and assessment errors.

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