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All ITAT

Fine, Lab Fee, Founder Day/Photograph Charges are Incidental income to Running of Educational Institution

March 12, 2023 1125 Views 0 comment Print

Pushp Niketan School Samiti Vs ITO (ITAT Delhi) It is seen that the assessee has filed written submission wherein it is stated that same amount shown as other income in the P&L Account including interest of FDR and saving accounts of Rs.83,008/- and other charges i.e. income of fine, Lab fee, Founder day charges, photograph […]

Income cannot be assessed at 10% when assessee was allowed to charge only 5% as per mandate of Government

March 12, 2023 1377 Views 0 comment Print

DCIT Vs Jharkhand State Beverages Corporation Ltd (ITAT Ranchi) The undisputed facts are that the assessee is engaged in the business of procurement and supply of IMFL, FMFL as well as country made liquor and other similar products and as per Government mandate the assessee is authorized to charge 5% on MRP on the wholesales […]

Section 153C Assessments based on Invalid Notices are liable to be quashed

March 12, 2023 4800 Views 0 comment Print

Malik Network & Computer P. Ltd. Vs ITO (ITAT Delhi) One of the controversies in the present case arises towards computation of limitation period under Section 153C of the Act for the purposes of issuance of notice and assessment thereon. As per Section 153A of the Act (in the case of searched persons), the limitation […]

When software itself is not taxable, the training & related activities cannot be held to be FTS

March 12, 2023 1179 Views 0 comment Print

When software itself is not taxable, the training and related activities concerned with utilization & installation cannot be held to be FTS.

No deemed rent addition for property which is not habitable

March 12, 2023 1740 Views 0 comment Print

Manindra Mohan Mazumdar Vs ACIT (ITAT Kolkata) CIT(A) while dealing with the assessee’s appeal casually dealt with the issue and in the finding only mentioned about the two properties owned by the assessee and confirmed the addition made by ld. AO. However, ld. AO did not make any addition for Deemed Rental Income for the […]

ITAT restores ex-parte Assessment to AO & Imposes cost of Rs. 25000 per assessment year on Assessee

March 12, 2023 1506 Views 0 comment Print

Raghunath Jew School of Management Studies Vs ITO (Exemption) (ITAT Cuttack) The facts in the present appeals clearly show that the assessments have been done ex-parte on account of the fact that the books of accounts and bills & vouchers were not produced before the AO. It is also an admitted fact that the assessee […]

Rental income from giving out commercial properties for compensation as per MOA is business income

March 11, 2023 4494 Views 0 comment Print

ITAT Mumbai held that rental income from giving out commercial properties for compensation as per Memorandum of Association (MOA) is to be treated as ‘business income’ and not as ‘income from house property’.

15% accumulation on Profit & gains from incidental business of charitable trust allowed

March 11, 2023 6429 Views 0 comment Print

ITAT Ahmedabad held that only profit and gains derived from the incidental business of charitable-trust would qualify as income for computing statutorily allowed accumulation of 15% in terms of section 11(1)(a) of the Income Tax Act.

ITAT restricts section 54 deduction to one floor of residential house

March 11, 2023 5505 Views 0 comment Print

ITAT Chennai held that deduction under section 54 of the Income Tax Act restricted to only for one floor (3rd floor) as assessee failed to establish that two floors (3rd and 4th floor) is one residential house.

Amount received for business support services not treatable as FTS

March 11, 2023 1623 Views 0 comment Print

ITAT Delhi held that amount received on account of business support services cannot be treated as ‘Fees for Technical Services’ (FTS) under Article 12(5) of India Netherlands DTAA and hence addition towards the same unsustainable.

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