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Expenditure u/s 37(1) should be disallowed to the extent not in line with existing business

May 11, 2024 1269 Views 0 comment Print

Expenditure incurred by assessee should be disallowed to the extent that expenditure which had been incurred for evaluation of business opportunities that could not be said to be in line with the existing business or an extension of the existing business of assessee of manufacturing of paints and enamels.

ITAT deletes section 69A addition for Income Declared under section 44AD

May 11, 2024 18354 Views 0 comment Print

Appellant contended that since he had filed income tax returns under section 44AD of the Act, which does not require maintenance of books of account, section 69A was not applicable.

Rejection of Section 80G Grant for Procedural Lapse Unacceptable: ITAT Ahmedabad

May 10, 2024 3057 Views 0 comment Print

Rejection of grant under Section 80G merely on procedural lapse by making application under Section 80G(5)(ii) inadvertently instead of Section 80G(5)(iii) by assessee is not acceptable: ITAT Ahmedabad

Disallowing Expenses as ‘Prior Period Expenses’ Requires Examination of Liability Crystallization Year

May 10, 2024 615 Views 0 comment Print

ITAT referred to principle that expenses are allowable in year of crystallization of their liability, even if they relate to an earlier period. It held that expenses crystallized in current assessment year are deductible, regardless of when they were incurred.

Manufacturing Segment Transaction Benchmarking: ITAT Upholds TNMM Method Over CUP

May 10, 2024 291 Views 0 comment Print

Read the full text of ITAT Mumbai’s order in the case of LANXESS India Pvt Ltd vs DCIT, upholding TNMM method over CUP for benchmarking export transactions under manufacturing segment.

ITAT Grants Section 54 Deduction for New Residential Property in Wife’s Name

May 10, 2024 20874 Views 0 comment Print

In the case of Gopalkrishna Pandu Shetty Vs ACIT (ITAT Mumbai), deduction under Section 54 of the Income Tax Act is allowed for a property purchased in the wife’s name. Detailed analysis and conclusion provided.

ITAT Directs Re-adjudication on allowbility of property tax paid in earlier years

May 10, 2024 402 Views 0 comment Print

Discover the ITAT Mumbai’s order directing re-adjudication regarding the liability of property tax paid by Rare Townships Pvt Ltd on behalf of the Collector.

Section 44BB does not override provisions related to PE or DTAA benefits

May 9, 2024 294 Views 0 comment Print

Read the detailed analysis of Computer Modelling Group Ltd. vs. ACIT (ITAT Delhi) regarding interest leviable from the assessee for short payment of tax due to payer’s TDS default before FY 2012-2013.

Section 143(3) Assessment Order Void Ab Initio If Notice Issued by Non-Jurisdictional ITO

May 9, 2024 7176 Views 0 comment Print

Explore the implications of jurisdictional issues in tax assessment with the case of YKM Holdings Pvt. Ltd. vs ACIT, assessing the validity of section 143(3) assessments without proper notices under section 143(2).

Kolkata ITAT deletes Share Premium Addition as identity & creditworthiness of Subscriber Companies proved

May 9, 2024 465 Views 0 comment Print

Read detailed analysis as Kolkata ITAT removes unexplained cash credit addition in Sharda Ferro Works Pvt. Ltd. Vs DCIT case. Share capital scrutiny under section 68.

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