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All ITAT

Business profit not taxable in India in absence of any permanent establishment

May 3, 2023 1335 Views 0 comment Print

ITAT Delhi held that payment received in the nature of Business Profit cannot be brought to tax in India in absence of Permanent Establishment in India.

Addition u/s 68 untenable as AO failed to conduct independent investigation

May 3, 2023 4305 Views 0 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act untenable as AO failed to conduct any investigation or enquiry in respect of information submitted by the assessee. AO also failed to conduct independent investigation and simply relied on third party statements and facts.

Once appeal is adjudicated on merits, refusing to condone delay is an error

May 3, 2023 1734 Views 0 comment Print

ITAT Delhi held that if the appeal is adjudicated on merits, then, refusing to condone the delay in filing of an appeal is an error. Action of refusing to condone the delay, but, to dispose off the appeal on merit is untenable in law.

Re-computation of capital gains by lower value of consideration for sale of equity shares allowed

May 3, 2023 900 Views 0 comment Print

ITAT Mumbai held that re-computation of capital gains by considering the lower value of consideration for the sale of equity shares of the subsidiary company allowable as the genuineness of the same is proved.

Tax on sale of property belonging to father is not leviable on son

May 3, 2023 7386 Views 0 comment Print

ITAT Amritsar held that the assessee is not liable for payment of tax related to sale of property which belong to his father. Accordingly, addition liable to be quashed.

Loss on foreign exchange fluctuation while repaying loan taken to import machinery is capital expenditure

May 3, 2023 1368 Views 0 comment Print

ITAT Hyderabad held that loss on foreign exchange fluctuation in respect of loan taken to import machinery is to be added to the cost of the asset and not allowed as revenue expenditure.

Third party cost incurred is CUP for reimbursement of expenses to AE

May 3, 2023 879 Views 0 comment Print

ITAT Mumbai held that when the transaction is in the reimbursement of expenses to AE, the third party cost incurred is a Comparable Uncontrolled Price (CUP) for the reimbursement. Accordingly, adjustment proposed is directed to be deleted.

Mere cash deposit in bank not sufficient to believe Escapement of Income

May 3, 2023 2493 Views 0 comment Print

Only information in possession of AO for assuming jurisdiction to reopen case was that of cash deposited in bank account of assessee

No Penalty for Concealment of Income on Ad-hoc Addition reduced by ITAT

May 3, 2023 1068 Views 0 comment Print

Sawailal Bhatti Vs ITO (ITAT Mumbai) ITAT find that the assessee had filed all the details of purchases and corresponding sales had not been doubted. The sources of purchases are from the books and overall trading results have been accepted. Only allegation is that assessee has taken accommodation bills for the purchase of items to […]

ITAT allows Foreign Tax Credit as ITR & Form 67 filed within extended due date

May 3, 2023 1818 Views 0 comment Print

Foreign Tax Credit allowable as assessee filed return of income & statement in Form-67 within due dates as extended by Finance Ministry

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