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All ITAT

Delay Condoned, Re-adjudication Ordered for Uneducated Farmer

July 17, 2023 879 Views 0 comment Print

Analysis and insights into the ITAT Ahmedabad ruling on the appeal of Rameshbhai Patel against the NFAC order regarding unexplained money and procedural errors in the tax assessment for the year 2012-13

Once income is shown the assessee has every right to get credit of TDS

July 17, 2023 1959 Views 0 comment Print

ITAT Delhi held that if the assessee has shown the income, then, the assessee has every right to get credit of TDS even if deductor has deducted tax in subsequent A.Y.

Benchmarking corporate guarantee fees based on bank guarantee rates is incorrect

July 17, 2023 1575 Views 0 comment Print

ITAT Mumbai held that the bank guarantee rates cannot be considered for benchmarking corporate guarantee fees, therefore benchmarking of AO and DRP is also incorrect. It depends on creditworthiness of parties and benefit arising out of the same in the hands of the parties to the transaction.

Law declared by a Court will have retrospective effect if not otherwise stated

July 17, 2023 6228 Views 0 comment Print

ITAT Kolkata held that that law declared by a court will have retrospective effect, if not otherwise stated to be so specifically. It is also well settled proposition that whenever, a previous decision is overruled by a larger bench of the Supreme Court, the previous decision is completely wiped out.

Deduction u/s 10AA available on trading activities from SEZ

July 17, 2023 1029 Views 0 comment Print

ITAT Mumbai held that activities of import of goods for re-export (i.e. trading activities) falls within the meaning of service defined u/s 2(z) of SEZ Act and accordingly the profits and gains derived from such services rendered from SEZ would be eligible for deduction u/s. 10AA of the Income Tax Act.

Service Tax reimbursement not includible in gross turnover to calculate taxable income under Section 44BB

July 17, 2023 558 Views 0 comment Print

Explore the crucial judgment of ITAT Delhi in the case of DCIT Vs Western Geco International Ltd. A deep dive into issues of taxation under Sections 44DA, 44B, and 44BB of the Income Tax Act.

Mere Board Resolution doesn’t crystallize a liability for Expenditure on discontinuance of Clinics

July 17, 2023 351 Views 0 comment Print

ITAT Mumbai concurred with AO and CIT(A), highlighting that a Board Resolution doesn’t create a liability until implemented. The tribunal emphasized that costs for employee termination and lease termination arise when notice of termination is served.

ITAT Imposes Cost for Non-Compliance of Notices (Disregard of Quasi-Judicial Authority)

July 17, 2023 777 Views 0 comment Print

Unraveling the case of Gopal Singh vs ITO, in which ITAT calls out the disregard of quasi-judicial authority. Understand the key facts, analysis, and implications of this significant ITAT ruling.

ITAT Allows Deduction for Business Service Charges to Associate Concern for HR Services

July 17, 2023 591 Views 0 comment Print

Analyzing the key implications of ITAT’s ruling in the case of ACIT Vs Jones Lang Lasalle Building Operation Pvt Ltd, highlighting the acceptability of business service charges for HR-related services provided by associate concerns.

ITAT Allows Application for Approval u/s. 80G(5) Despite Wrong Form Selection

July 17, 2023 2232 Views 1 comment Print

ITAT Hyderabad in case of Telangana State Chapter Indian Radiological & Imaging Association vs ITO held that application for approval u/s. 80G(5) cannot be rejected solely for selecting wrong form.

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