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All ITAT

Bona fide belief of non-deduction of TDS vis-à-vis default u/s 201(1) and 201(1A) needs re-adjudication

June 2, 2023 1050 Views 0 comment Print

ITAT Mumbai remanded the matter for adjudication of bona fide belief of TDS exemption in case of LTC relating to foreign travel vis-à-vis default u/s 201(1) and 201(1A) of the Income Tax Act.

Re-assessment beyond 4 years without recording satisfaction of CIT is invalid

June 2, 2023 1104 Views 0 comment Print

ITAT Hyderabad held that for re-assessment beyond a period of 4 years, recording of satisfaction by the CIT is a must under the Income Tax Act, 1961. In absence of the same, re-assessment proceedings are invalid.

Penalty under 271D deleted in absence of satisfaction in Assessment Order

June 2, 2023 4371 Views 0 comment Print

Sri Raja Reddy Nalla Vs Add. CIT (ITAT Hyderabad) Assessee had received cash in connection with sale of immovable property . As the amount was more than the specified limit of Rs. 20,000/- , penalty proceedings u/s. 271D were initiated for violating Sec 269SS and penalty order u/s. 271D was passed levying a penalty of […]

Right to operate toll roads & collect toll charges is an intangible asset

June 1, 2023 2736 Views 0 comment Print

ITAT ruled that the right to operate toll roads and collect toll charges should be classified as an ‘intangible asset’ and can also be regarded as a business or commercial right.

Denial of deduction u/s 80P sustained as return filed belatedly

June 1, 2023 2703 Views 0 comment Print

ITAT Ahmedabad held that deduction under section 80P of the Income Tax Act disallowed as assessee filed return belatedly.

Reopening u/s 147 without recording specific reasons is invalid

June 1, 2023 1623 Views 0 comment Print

ITAT Mumbai held that reopening of assessment u/s 147 without recording any specific reasons and without linking the information received from DDIT(Inv) specifically to assessee is invalid and liable to be set aside.

Penalty u/s 271D not leviable as reasonable cause for violation of section 269SS duly demonstrated

June 1, 2023 2412 Views 0 comment Print

ITAT Ahmedabad held that penalty under section 271D of the income Tax Act not leviable as reasonable cause for violation of provisions of section 269SS duly demonstrated.

Reimbursement of salary for seconded employee cannot be taxed as FTS

June 1, 2023 2172 Views 0 comment Print

ITAT Bangalore held that reimbursement of salary for seconded employee cannot be regarded as ‘Fee for technical services’ (FTS) under India-US Tax Treaty (DTAA).

Addition u/s 68 unwarranted on failed of AO to conduct an independent enquiry

June 1, 2023 2640 Views 0 comment Print

ITAT Kolkata held that addition u/s 68 unwarranted as AO failed to conduct an independent enquiry post submission of documents by the assessee relating to identity, genuineness of the transaction, and credit-worthiness of the subscribers.

Penalty u/s 271AAA leviable on failure to substantiate source & manner of undisclosed income

June 1, 2023 717 Views 0 comment Print

ITAT Pune held that penalty under section 271AAA of the Income Tax Act leviable as assessee failed to substantiate the source as well as the manner of the undisclosed income.

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