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All ITAT

10% TDS Applicable on Payment to FSII for Availing Pilot training, rules ITAT

August 7, 2023 1140 Views 0 comment Print

The assessee is a company engaged in the business of Air Transport of Passengers and is a holder of Non-Scheduled Air Transport (Passenger) Services (NSOP) permit granted by the Director General of Civil Aviation / Ministry of Civil Aviation.

ITAT Grants registration u/s 12AB and 80G to Path Foundation

August 7, 2023 894 Views 0 comment Print

Path Foundation’s ITAT Indore appeal results in the grant of registration u/s 12AB and 80G. Analysis of the violations and expert opinion provided. Full text of the order.

Section 271(1)(c) Inapplicable if No Income Concealment by Assessee

August 7, 2023 438 Views 0 comment Print

Read the full text of ITAT Ahmedabad’s order deleting the penalty u/s 271(1)(c) for Dineshkumar Kanjibhai Patel-HUF as no concealment of particulars or inaccurate income filing found.

Allowability of Interior Decoration Work in Rented Office as Revenue Expenditure

August 7, 2023 1362 Views 0 comment Print

ITAT Kolkata held that expenditure incurred towards interior decoration work of a rented office premises is allowable as revenue expenditure. Accordingly, disallowance of such expenditure unjustified.

Rejection of special auditor report without specifying reasons inexplicable

August 7, 2023 744 Views 0 comment Print

ITAT Chennai held that in the present case AO himself referred the matter for special audit u/s 142(2A), however, report of special auditor was later rejected without assigning any reasons for the same is in explicable.

Short-Term Capital Loss Addition Unsustainable: Transaction Not Bogus

August 7, 2023 663 Views 0 comment Print

ITAT Jaipur held that addition towards short term capital loss treating it as bogus unsustainable as transaction of purchase and sale of shares done through banking channel and STT duly paid thereon.

ITAT Upholds invocation of Section 263 for demonetized Cash Deposit & Acceptance

August 6, 2023 1479 Views 0 comment Print

SAP Medicals Pvt. Ltd. vs. ITO: Appeal against ITAT’s 263 ruling. Explore demonetization cash deposit issue, legal analysis, and dismissal grounds.

Notice u/s 148 can be Issued on Assessee’s Failure to truly disclose Material Facts: ITAT

August 6, 2023 1716 Views 0 comment Print

In present facts of the case, the Hon’ble Tribunal set aside Notice under Section 148 by making observation that the ld. Assessing Officer failed to pinpoint the failure at the end of the assessee to disclose all material facts fully and truly, which led the escapement of income from taxation.

Compensation payment out of sale proceeds explained with documentary evidence allowed

August 6, 2023 990 Views 0 comment Print

ITAT Kolkata held that compensation paid out of sale proceeds to various parties is duly explained by the assessee with documentary evidences. Accordingly, addition towards compensation paid deleted.

Section 263 Not Invocable as Plausible View on Service Tax Return & ITR Difference taken by AO

August 6, 2023 396 Views 0 comment Print

ITAT Mumbai held that invocation of section 263 alleging difference in the receipt as per service tax return and ITR filed unsustainable as AO after making an enquiry on this issue has taken one of the plausible view and has not made addition on the difference amount.

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