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All ITAT

Adjustment towards disallowance in terms of section 36(1)(va) are permissible under scope of section 143(1)

July 3, 2023 1797 Views 0 comment Print

ITAT Mumbai held that disallowance of delayed payment of employee’s contribution to PF and ESIC in terms of section 36(1)(va) is incorrect claim apparent from any information in the return. Accordingly, adjustment is permissible under the scope of section 143(1).

Accretion on Surrender of ULIP Policy Taxable as ‘Capital Gains’

July 3, 2023 7233 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) in Mumbai classifies investment in ULIP Policy as ‘Capital Asset’, with accretion on surrender taxable under ‘Income from Capital Gains’ and not ‘Income from Other Sources’.

Invalid section 153A notice: ITAT dismisses Assessment Order

July 3, 2023 2346 Views 0 comment Print

A detailed analysis of the ITAT Amritsar’s decision declaring an assessment order void ab initio due to the wrong section of jurisdiction being cited. An insight into the Indian tax law nuances and key takeaways from the case.

Taxation of surrendered Additional Income Derived from Business Activities

July 3, 2023 1662 Views 0 comment Print

The recent ITAT Chandigarh ruling in Gurdeep Singh Ubhi Vs DCIT asserts that additional business income without unexplained sources should be taxed at normal rates, challenging the application of Section 115BBE of the Income Tax Act, 1961.

Mere Citation of Different PANs by Assessee & AO doesn’t dismiss Appeal

July 3, 2023 1329 Views 0 comment Print

Explore the ITAT Mumbai decision in the case of Maneken Keshvalla Patel Vs NFAC, where the appeal was reinstated despite discrepancies in PAN cited by the Assessee and Assessing Officer. Uncover the intricate details of the case.

ITAT deletes addition for share capital credited through journal entries

July 3, 2023 1218 Views 1 comment Print

The ITAT ruling in the case of ITO vs Hindustan Breweries clarifies that share capital credited via journal entries does not constitute ‘unexplained share capital’. The Tribunal upheld the deletion of addition u/s 68 of the Income Tax Act.

Non-exclusive use Technology Payment for Passenger Car Seats: Revenue Expenditure

July 3, 2023 486 Views 0 comment Print

Detailed analysis of the recent ITAT ruling in the case of Lear Automotive India Private Limited Vs ACIT, where engineering and development costs were classified as revenue expenditure.

ITAT allows ‘set off of losses against Surrendered Business Income 

July 2, 2023 738 Views 0 comment Print

Delve into the notable decision of ITAT Chandigarh in the case of Mahaluxmi Food Industries Vs ITO, concerning the right to set off losses against surrendered business income as per Section 115BBE(2) of the Income Tax Act, 1961.

Dividend distribution tax is a tax on domestic company distributing dividend

July 2, 2023 777 Views 0 comment Print

ITAT held that dividend declared, distributed or paid by a domestic company to non resident shareholder (s) attract additional income tax (tax on distributed profits) referred to in section 115-O of the Act, such additional income tax payable by the domestic company  shall be at the rate of mentioned in section 115-O of the Act and not at the rate of tax applicable to the non resident shareholder(s) as specified in the relevant DTAA with reference to such dividend income.

ITAT Allows Depreciation on Asset Kept Ready for Use but Actually not Put to Use

July 2, 2023 1473 Views 0 comment Print

A comprehensive review of the recent ITAT Delhi’s ruling on Span Air Pvt Ltd Vs ACIT case, which offers key insights on depreciation claims under section 32 of the Income Tax Act.

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