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Section 56(2)(viib) Not Applicable to Non-Resident Share Premium: ITAT Delhi

August 15, 2023 1806 Views 0 comment Print

ITAT Delhi rules on APCA Power Private Limited’s appeal regarding Section 56(2)(viib) of the Income Tax Act. Share premium received from non-resident examined.

No Addition U/s 68 In Hands of Firm For Capital Contribution By Partners

August 14, 2023 2640 Views 0 comment Print

ACIT Vs Ambika Enterprises (ITAT Delhi) In the legal case between ACIT (Assistant Commissioner of Income Tax) and Ambika Enterprises, ITAT Delhi provided insights into capital contributions made by partners in a firm. The focus is on whether any addition under section 68 could be made in the hands of the firm for capital contributions […]

Amendment brought to Establish Source Of Source For Loans Is Effective From 01.04.2023

August 14, 2023 5439 Views 0 comment Print

Analysis of ITO vs Balwan Singh (ITAT Delhi) ruling. The case focuses on the amendment effective from 01.04.2023 about source verification for unsecured loans.

ITAT rules Maharashtra Subsidy: Capital, MP Subsidy: Revenue

August 13, 2023 1491 Views 0 comment Print

Bridgestone India vs. ACIT: ITAT Indore rules subsidies from Maharashtra and Madhya Pradesh Govt. are capital receipts, deleting additions in assessment.

Consider Only Profit Element, Not Entire Cash Deposit as taxable- ITAT

August 13, 2023 15054 Views 0 comment Print

Read the analysis of ITAT decision in the case of Rama Mepa Odedara Vs ITO. The appellant appealed against addition of cash deposits under section 69A of the Income Tax Act, 1961. The ITAT considered the source of deposits and concluded that only the profit element should be taxable.

Technical know-how not made available- Sub-Contracting Charges Not Taxable as FIS in India

August 13, 2023 693 Views 0 comment Print

Read the analysis of SPI Global US vs ACIT (ITAT Delhi) case where sub-contracting charges taxability under India-USA DTAA was contested. Learn about the make available clause and the final decision.

Section 115E Concessional Rate Inapplicable to INR Saving Account Share Acquisition

August 12, 2023 2526 Views 0 comment Print

In Pawan Kumar Agarwal vs CIT case, ITAT Kolkata rules that concessional tax rate under section 115E is not applicable when money is deposited in Indian rupees, not foreign exchange.

Section 80G Recognition Requires Trust Registration u/s 12AB: ITAT

August 12, 2023 1869 Views 0 comment Print

ITAT clarifies: Section 80G recognition needs Trust’s 12AB registration. Unregistered trusts ineligible for 80G recognition.

Entries in books do not dictate tax treatment: ITAT allows expense

August 12, 2023 1053 Views 0 comment Print

ITAT held that entries in the books of accounts do not dictate tax treatment. As long as expenses were allowable under relevant sections of Income Tax Act, appellant was entitled to claim them.

PF Payment on Next Working Day if Last Date Falls on a Holiday is allowable: ITAT

August 12, 2023 5766 Views 0 comment Print

Analysis of the ITAT Delhi order in Radial International vs DCIT case. ITAT directs AO to re-examine PF payment disallowance due to holiday on the due date.

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