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TDS on Salary deducted by employer allowable despite non-deposit

February 9, 2023 36552 Views 1 comment Print

Requirement to allow TDS credit on Salary is only of amount of tax deducted at source & not getting deposited with Government after deduction.

No Penalty u/s 271(1)(c) when Quantum and Enhancement by CIT(A)-Deleted in Quantum Appeal

February 9, 2023 3402 Views 0 comment Print

Victory for Sanjay Duggal as ITAT Delhi quashes assessments under 153A, nullifying penalties. Learn why the penalty orders couldn’t survive. Decided in favor of the assessee.

Denial of deduction u/s 80P as return was not filed within due date is unjustified

February 9, 2023 3918 Views 0 comment Print

ITAT Rajkot held that the claim of deduction u/s 80P of the Act cannot be denied only on the basis that the assessee did not file its return of income within due date u/s 139(1) of the Income Tax Act.

Addition based on seized paper without corroborative evidence is untenable

February 9, 2023 1629 Views 0 comment Print

ITAT Mumbai held that addition merely on the basis of seized paper which is neither signed nor dated, without any corroborative evidence, is untenable in law.

Centralized services fees cannot be treated as Fee for Technical Services and hence not taxable

February 9, 2023 999 Views 0 comment Print

ITAT Delhi held that the centralised services fee received by the assessee cannot be treated as FTS under Article 12 of the India-Singapore tax treaty, hence not taxable in India.

Disallowance u/s 14A cannot be subject matter of disallowance under 115JB

February 8, 2023 1095 Views 0 comment Print

ITAT Ahmedabad held that the disallowances made under section 14A read with rule 8D cannot be the subject matter of disallowances while determining the net profit u/s 115JB of the Income Tax Act.

TDS on EDC Payments to HUDA not deductible, Section 271C penalty not sustainable

February 8, 2023 4713 Views 0 comment Print

No TDS is required to be deducted on EDC payments made to HUDA, as these payments were made on the directions of DTCP which are deposited with the Consolidated Fund of State,

All conditions of paragraph 4.2 of Article 24 of DTAA needs to be satisfied simultaneously

February 8, 2023 891 Views 0 comment Print

ITAT Mumbai held that provisions of Article 24 of DTAA between India and Singapore will be applicable only when condition no. 1, condition no. 2 and condition no. 3 in paragraph 4.2 are satisfied simultaneously. Here as condition no. 1 is not satisfied, DTAA would not be attracted in case of GCC.

Addition based on unsigned/ unstamped/ unregistered Satakhat unsustainable

February 7, 2023 2958 Views 0 comment Print

ITAT Surat held that addition on the basis of un-signed/un-stamped Satakhat, which has not been registered and which is found from CD of computer of person, unsustainable.

Revision u/s 263 without satisfying twin conditions is unsustainable

February 7, 2023 2076 Views 0 comment Print

ITAT Chandigarh held that invocation of revisionary jurisdiction under section 263 of the Income Tax Act without satisfying twin conditions i.e. that the order of the AO must be erroneous and prejudicial to the interest of revenue is unsustainable in law.

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