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Cost of Goods Cannot be Included in Denominator of Profit Level Indicator when comparable are Business Auxiliary Service providers

July 14, 2023 1128 Views 0 comment Print

In present facts of the case, the Hon’ble ITAT observed that since, the assessee is found to be functionally comparable to the business auxiliary service providers, therefore it is established that the assessee has undertaken limited functions and risk in the merchanting trades segment and earns a fixed profit margin.

NFAC ex-parte order: ITAT directs re-adjudication for non-compliant assessee

July 14, 2023 978 Views 0 comment Print

Iqbal Singh HUF Vs DCIT (ITAT Chandigarh) Non-compliance with order of CIT (Appeals) cannot be sole reason to allow an addition on taxpayer

ITAT Cochin Sets Aside CIT(A) Order for Lack of Reasoning on Issues Raised

July 14, 2023 261 Views 0 comment Print

ITAT Cochin order for Karalam Service Co-operative Bank Ltd Vs ITO. Order was set aside due to CIT(A) failing to provide reasons for decision on issues raised by assessee.

Technical glitches: Delay in Form 10CCB filing – Section 80-IA deduction cannot be denied

July 14, 2023 4881 Views 0 comment Print

The ITAT Bangalore has allowed the appeal of Dunichand Khitri Raja against the disallowance of a claim for deduction under section 80-IA of the Income Tax Act. The ITAT held that the delay in filing Form 10CCB, due to technical glitches beyond the assessee’s control, should not bar the claim of deduction.

ITAT Delhi upholds disallowance of belated payment to PF/ESIC

July 14, 2023 627 Views 0 comment Print

ITAT Delhi dismissed appeal of S K G Traders P Ltd against disallowance of employees’ contribution to Provident Fund/ESIC under section 36(i)(va) read with section 43B of Income Tax Act. The ITAT upheld disallowance, citing judgment in Checkmate Services case.

Estimate of cost by Departmental Valuer cannot constitute concealment hence penalty u/s 271(1)(c) not leviable

July 14, 2023 537 Views 0 comment Print

ITAT Visakhapatnam held that mere estimate of cost by Departmental Valuer could not constitute material to concealment and therefore levy of penalty under section 271(1)(c) of the Income Tax Act is not valid.

ITAT directs re-adjudication for addition due to non-reply to assessment notice

July 14, 2023 315 Views 0 comment Print

The ITAT Bangalore has directed the re-adjudication of the case of Satish Panduranga against the addition made by the Assessing Officer (AO) on the ground of non-reply to a notice issued during the assessment proceedings for the assessment year 2017-18.

Internet expenses not deductible against interest income due to lack of nexus

July 14, 2023 1641 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Surat has dismissed the appeal of Adarsh Sahakari Ghar Bandhnari Mandali Ltd, a co-operative housing society, confirming that expenses incurred on internet subscriptions are not eligible for deduction under Section 57 of the Income Tax Act. The tribunal ruled that there was no nexus between the expenses and the interest income earned by the society.

ITAT deletes penalty under Section 272A(1)(d) for lack of proper opportunity

July 14, 2023 4983 Views 0 comment Print

ITAT Bangalore deleted the penalty imposed under Section 272A(1)(d) of the Income Tax Act in the case of Dhanasingh Nagamuthu vs. ITO. The tribunal found that the assessing officer had not given the assessee a proper opportunity to respond and establish reasons for non-compliance, as required under Section 274(1) of the Act.

Denial of Section 11 Exemption – ITAT directs re-adjudication

July 14, 2023 1743 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Bangalore has directed the re-adjudication of the case between Centre for e-Governance and DCIT. The ITAT found that the assessing officer had disallowed the claim of accumulation of 85% of income under section 11(2) of the Income Tax Act due to the lack of a specific purpose mentioned in Form 10.

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