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Compensation received due to non-performance of obligation is capital receipt

February 11, 2023 5556 Views 0 comment Print

ITAT Mumbai held that compensation received on account of non-performance of obligation by the Delhi Development Authority (DDA) is capital receipt not taxable in the hands of the assessee.

Assessee doesn’t become US resident by mere securing house on rent in USA

February 11, 2023 735 Views 0 comment Print

ITAT Hyderabad held that mere securing a house on rent in the USA is not the conclusive fact that the assessee had become a USA resident to allow DTAA benefit.

Denial of TDS credit as corresponding turnover reflected in earlier year is untenable

February 11, 2023 2211 Views 0 comment Print

ITAT Ahmedabad TDS credit cannot be denied on the ground that corresponding turnover has been offered to tax in the earlier assessment year.

Reflection of business loss in column bad & doubtful in ITR doesn’t affect its allowability

February 11, 2023 828 Views 0 comment Print

ITAT Amritsar held that loss incurred as amount written off paid against advance of land reflected in column bad & doubtful in ITR is allowable as business loss as genuinity of transaction not questioned.

Addition u/s 45 unsustainable as commercial expediency not contravened

February 11, 2023 624 Views 0 comment Print

ITAT Mumbai held that addition u/s 45 under the head Capital Gains for violation of conditions u/s. 47(xiiib) of the Act on conversion of a private limited company into the assessee LLP unsustainable as commercial expediency not contravened by AO.

Carbon credit profit is capital receipt not taxable

February 11, 2023 1275 Views 0 comment Print

ITAT Ahmedabad held that profit earned for carbon credits is capital in nature and hence addition treating the same as revenue in nature is unsustainable in law.

Deduction u/s 54F not eligible as more than one residential property already owned

February 11, 2023 1641 Views 0 comment Print

ITAT Hyderabad held that benefit of deduction under section 54F not eligible as the assessee owns more than one residential property on the date of transfer of the capital asset other than the new asset acquired.

Filing of Form 10CCB is Directory in Nature and Not Mandatory

February 11, 2023 13473 Views 0 comment Print

Filing of Form 10CCB to claim deduction u/s 80-IC is directory in nature and not mandatory. It’s sufficient if same is filed before passing assessment order

No TDS on reimbursements to directors and on traded goods supplied to client

February 10, 2023 4335 Views 0 comment Print

ITAT held that no tax is required to be deducted at source on amount reimbursed to the director of the company. Further, when tax has been deducted at source by the assessee while receiving software consultancy services, disallowance cannot be done by the Revenue Department.

LTCG on sale of equity shares of Lifeline Drugs and Pharma Ltd. is not genuine: ITAT Indore

February 10, 2023 1668 Views 0 comment Print

Rupesh Vyas Vs ACIT (ITAT Indore) Feeling aggrieved by appeal-order dated 20.09.2018 passed by learned Commissioner of Income-Tax (Appeals)-1, Indore [“Ld. CIT(A)”], which in turn arises out of assessment-order dated 15.12.2016 passed by the learned ACIT-3(1), Indore [“Ld. AO”] u/s 143(3) of the Income-tax Act, 1961 [the Act] for Assessment-Year 2014-15, the assessee has filed […]

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