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TPO adjustment towards technical know-how fees after accepting entity level margins is unsustainable

June 10, 2023 630 Views 0 comment Print

ITAT Bangalore held that the adjustment made by the TPO towards technical know-how fees despite accepting the entity level margins is liable to be deleted.

Penalty u/s. 271(1)(c) not leviable as change in method of accounting not concealment

June 10, 2023 492 Views 0 comment Print

ITAT Pune held that change in method of accounting cannot partake character of concealment. Accordingly, penalty under section 271(1)(c) of the Income Tax Act not leviable.

ITAT order allowing EPF & ESIC employee’s contribution prior to Checkmate Services Judgment suffers from ‘apparent mistake from record’ 

June 9, 2023 9579 Views 0 comment Print

Explore the ITAT order rectifying disallowance of EPF & ESIC contributions, diverging from the Checkmate Services judgment. Analysis, implications & more.

Registration u/s 80G(5)(vi) denied as agreement likely to give benefit to trustees

June 9, 2023 4137 Views 0 comment Print

ITAT Pune held that registration under section 80G(5)(vi) of the Income Tax Act not granted as the agreement gives benefit of the persons covered u/s. 13(3) of the Act.

Disallowance u/s 40(a)(ia) unsustainable as TDS already deducted and deposited

June 9, 2023 1233 Views 0 comment Print

ITAT Delhi held that disallowance u/s 40(a)(ia) of the Income Tax Act on account of non-payment of TDS unsustainable as TDS already deducted and deposited by the assessee.

Penalty u/s 271D leviable on failure to establish reasonable cause for taking cash loans

June 9, 2023 990 Views 0 comment Print

ITAT Ahmedabad held that penalty under section 271D of the Income Tax Act leviable for contravention of provisions of section 269SS on failure to establish any reasonable cause for taking cash loans.

Co-Operative Societies can claim section 80P(2) deduction on Interest Received from Co-Op. Banks 

June 9, 2023 6105 Views 0 comment Print

ITAT held that Co-Operative Societies can claim Interest Received from Co-Op. Banks as Deduction u/s 80P(2) of the I. T. Act, 1961

Wrong allotment of two PANs cannot set assessee as non-filer for one PAN as return filed via other PAN

June 9, 2023 1989 Views 0 comment Print

ITAT Amritsar held that because of wrong allotment of two PANs, assessee cannot be set as a non-filer or undeclared of tax in the return of one PAN as income duly declared via other PAN. Matter remanded back.

Pigmy commission treatment as salary vis-à-vis TDS u/s 192 needs re-verification

June 9, 2023 3510 Views 0 comment Print

ITAT Bangalore held that the pigmy commission will be treated as a salary and subject to the TDS under section 192 of the Act. Accordingly, matter remanded for verification.

Addition merely based on statement u/s 132(4) without collaborative evidence is unsustainable

June 9, 2023 2121 Views 0 comment Print

ITAT Indore held that addition on the standalone basis of statement of assessee u/s 132(4) of the Income Tax Act cannot be held as sustainable in absence of collaborative evidence found in support of such addition.

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