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All ITAT

Fire Loss allowable despite non approval of claim by Insurance Companies

June 25, 2023 969 Views 0 comment Print

ITAT Patna rules in favor of the assessee, Nishant Krishna, declaring that insurance claims due to fire loss cannot be disallowed, in the case against JCIT.

No Section 40(a)(ia) disallowance if recipient includes income from receipts of assessee in their ITR

June 25, 2023 534 Views 0 comment Print

ITAT Patna rules in favor of Ravi Lochan Singh, establishing that deductions should not be disallowed under Section 40(a)(ia) if the recipient includes income from receipts of the assessee in their income tax return.

Assessee’s Non-Participation in Reassessment Proceedings makes Section 292BB Inapplicable

June 25, 2023 366 Views 0 comment Print

The ITAT Delhi quashed a notice issued to a deceased person, stating that Section 292BB of the Income Tax Act is inapplicable if the assessee didn’t participate in reassessment proceedings.

Error in linking of PAN in Bank Account – ITAT deletes addition

June 25, 2023 825 Views 0 comment Print

The ITAT in Delhi has directed a re-adjudication in the case of Kishan Singh & Associates Vs ITO involving an addition made by AO under sections 69A and 115BBE of the Income Tax Act due to non-filing of ROI.

Taxability of Support/Maintenance Services as FTS – ITAT directs de novo adjudication

June 25, 2023 273 Views 0 comment Print

Explore the key aspects and implications of the case Avaya International Sales Ltd Vs ACIT, wherein ITAT Delhi directed a fresh examination of the taxability of support/maintenance services under the India-Ireland DTAA.

No section 271B penalty when Tax Audit Report uploaded but ITR-V not verified

June 25, 2023 441 Views 0 comment Print

Understand the implications of the Jayaraj Charles Vs ITO case where ITAT Chennai ruled no penalty should be imposed under section 271B of the Income Tax Act when a return isn’t visible on the e-filing portal.

Mistake apparent from record, constitutes a rectifiable mistake under section 254(2): ITAT Mumbai

June 25, 2023 489 Views 0 comment Print

A detailed analysis of the decision made by the Income Tax Appellate Tribunal (ITAT) Mumbai in the case of Ambuja Cements Limited Vs ACIT. The Tribunal allowed rectification of a mistake apparent from the record under section 254(2) of the Income Tax Act, 1961

Erroneous reporting of payment dates of EPF Contribution by Auditor, ITAT directs re-adjudication

June 25, 2023 309 Views 0 comment Print

Dive into the Ernst & Young Merchant Vs ACIT case, where ITAT Mumbai assessed an error in the tax auditor’s report concerning provident fund contributions, and understand its implications on taxation law.

ITAT Exempts corpus donation of Gold for art gallery of temples u/s 11(1)(d) 

June 25, 2023 546 Views 0 comment Print

The ITAT Ahmedabad ruled in favor of Shree Swaminarayan Bhagwan, a religious trust, exempting a gold donation from tax under Section 11(1)(d) of the Income Tax Act. The gold donation was utilized for the creation of an art gallery, thereby qualifying as corpus donation.

Director’s education expenditure disallowed on failure to establish direct relationship with business activity

June 25, 2023 612 Views 0 comment Print

ITAT Mumbai held that disallowance of Director’s education expenditure u/s 37(1) of the Income Tax Act sustained as assessee failed to prove such expenditure had direct relationship with the business activity. Accordingly, assessee failed to prove that expenditure were incurred wholly and exclusively for business.

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