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All ITAT

Deduction u/s 80P(2)(a)(i) or 80P(2)(d) not available towards interest earned from schedule banks

July 4, 2023 2892 Views 0 comment Print

ITAT Bangalore held that deduction under section 80P(2)(a)(i) or 80P(2)(d) of the Income Tax Act is not available in respect of interest income earned from scheduled banks.

Cash recorded in books of accounts as an eyewash have to be added as unexplained money u/s 69A: ITAT

July 4, 2023 1158 Views 0 comment Print

The Hon’ble Tribunal while allowing Revenue Appeal have held that when the amounts received in cash against the sale of flats which have not been recorded in the books of account of the assessee at the time of search and seizure operation and subsequently recorded in the books as advance from customers is nothing but an eye wash to supplement the explanation of the assessee regarding the cash receipts. Therefore the addition made by the AO deserves to be confirmed in the hands of the assessee u/s 69A of the Act.

Transfer of Renewable Energy Certificate is capital and not taxable as business income

July 4, 2023 1620 Views 0 comment Print

ITAT Amritsar held that transfer of REC (Renewable Energy Certificate) is capital in nature and not liable to tax under business income as the income is offshoot from environmental concern not from offshoot of business concern.

ITAT deletes addition of credit card expenses incurred by director (Appellant) for Company

July 4, 2023 882 Views 0 comment Print

Review of the ITAT Indore verdict in the case of Shri Manish Kumar vs ACIT, where the tribunal directed re-adjudication of a disputed credit card expenditure and ordered the deletion of disallowance initially made by AO.

Imposition of late fees for delay in filing of TDS/ TCS statement prior to 01.06.2015 is bad-in-law

July 4, 2023 621 Views 0 comment Print

ITAT Cochin held that prior to 1st June 2015, there was no provision enabling demand in respect of levy of fees u/s 234E for late filing of TDS/ TCS statement. Accordingly, imposition of late fees prior to 1st June 2015 is bad-in-law.

Pre-clinical laboratory services by non-resident to Indian Customers not chargeable to tax in India

July 4, 2023 633 Views 0 comment Print

ITAT Bangalore held that pre-clinical laboratory services rendered by the assessee (non-resident) to its customers in India would not be chargeable to tax in India as the technical services rendered by the affiliates do not “make available” technical knowledge, experience, skill, know-how or process while preparing these reports for their, Indian customers/ clients.

ITAT Indore Advocates for Fair Assessment with Sufficient Opportunities

July 4, 2023 372 Views 0 comment Print

The ITAT Indore supports the principle of natural justice by asking for re-adjudication of the case of R.M. Chemicals Private Limited vs DCIT due to insufficient opportunity provided to the assessee in the initial assessment.

ITAT Delhi Orders Re-adjudication for Non-deposition of TDS

July 4, 2023 231 Views 0 comment Print

ITAT Delhi advocates for re-adjudication in the case of KMP Expressways Ltd vs ACIT, focusing on the assessee’s status as ‘Assessee in default’ due to non-deposition of TDS in the company’s accounts.

Determination of ALP of intra group services as NIL not sustained as reasonable documents maintained

July 4, 2023 912 Views 0 comment Print

ITAT Mumbai held that determination of Arm’s Length Price (ALP) of intra group services at Rs. Nil is not justified as the assessee has maintained a reasonably sound documentation of intra group services.

No Interest for TDS Payment Delay Due to Technical Glitches

July 4, 2023 753 Views 0 comment Print

The ITAT Delhi directed to delete interest charged u/s 201(1A) of the Income Tax Act in the case of New Delhi Television Ltd, establishing a significant precedent.

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