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No Section 271AAB Penalty if Initiation not based on Undisclosed Income Found during search

August 4, 2023 1308 Views 0 comment Print

An examination of section 271AAB penalty when no undisclosed income is found during search actions. Discover how ITAT Nagpur ruled on this critical tax law issue.

Tax Treatment of Agricultural Land Sale: No Need for Active Agricultural Activity

August 3, 2023 11910 Views 0 comment Print

According to the Income Tax Act, there is no requirement for active agricultural activity to be present at the time of selling agricultural land. The key condition is that the land must qualify as agricultural land. The Honourable Third Member supported this view and dismissed the Revenue’s appeal, concluding that the consideration received from the sale of agricultural land was not subject to capital gains tax.

Section 43CA doesn’t apply to agreement to sell entered prior to 1st April 2014

August 3, 2023 1755 Views 0 comment Print

ITAT Kolkata held that as provisions of section 43CA of the Income Tax Act are introduced with effect from 1st April 2014, the said provisions are not applicable to ‘agreement to sell’ entered prior to 1st April 2014.

Denial of deduction u/s. 80HHC merely stating income are not derived from export unjustified

August 3, 2023 759 Views 0 comment Print

ITAT Delhi held that income classified as ‘business income’ but not considered for the purpose of working of deduction u/s 80HHC merely on the nomenclature that income are not derived from export is unjustifiable as it is not justified that income has no nexus with earning of export.

Retrospective cancellation of trust registration u/s. 12AB of Income Tax Act invalid

August 3, 2023 3639 Views 0 comment Print

ITAT Mumbai held that cancellation of registration of trust retrospectively from AY 2016-17 under section 12AB(4) of the Income Tax Act is invalid.

AO cannot Rectify PCIT’s Mistake under VSVS Scheme: ITAT Delhi)

August 3, 2023 1194 Views 0 comment Print

Explore the case Dariyav Singh Vs ITO. Understand why the Assessing Officer was deemed unfit to rectify the Principal CIT’s mistake in form 5 under VSVS Scheme.

Advisory Services Receipts Not Taxed as Technical Knowledge under India-UK DTAA: ITAT

August 2, 2023 2619 Views 0 comment Print

In present facts of the case, it was held that the services rendered were in the nature of advisory services as per the terms of the agreement, therefore these services cannot be the part of Fees for Technical Services (FTS) under Article 13 of India – UK DTAA.

Capital Expenditure Incurred Only When Whole Machine is Replaced, Not for Parts

August 1, 2023 1722 Views 0 comment Print

In present facts of the case, the Hon’ble Tribunal while deducting the additions made by Ld. AO for repair and maintenance, it was observed that if the replacement is of a baby part only, then the same cannot be considered to be a capital expenditure.

No Adhoc Addition Without Identified Defects: ITAT Delhi

August 1, 2023 471 Views 0 comment Print

ITAT has deleted an ad-hoc disallowance related to the expenses for repair and maintenance for City Lifeline Travels Pvt. Ltd.

Notional interest income cannot be estimated for disallowing interest expenditure 

August 1, 2023 1002 Views 0 comment Print

Reviewing Panchiram Nahata Vs ITO case, where ITAT ruled that notional interest income could not be estimated for making disallowances out of interest expenditure

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