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All ITAT

Reopening of assessment for contingent nature of addition unsustainable

January 10, 2023 3573 Views 0 comment Print

ITAT Kolkata held that addition cannot be made on protective basis in the reopened assessment proceeding as the assessment cannot be reopened for a contingent nature of addition.

Commodity transactions in regular course of business are not speculative transaction

January 10, 2023 2790 Views 0 comment Print

ITAT Mumbai held that commodity transactions carried out as regular business transaction cannot be treated as speculative transaction. Accordingly, the loss incurred from the same is treated as normal business loss.

Revisional power unjustified as detailed inquiry conducted by AO

January 10, 2023 570 Views 0 comment Print

ITAT Chandigarh held that invocation of revisional power under section 263 of the Income Tax Act unjustified once detailed inquiry conducted by AO on the matter. 

Section 194J not apply to services not requiring specific professional skill/expertise

January 10, 2023 2751 Views 0 comment Print

ITAT Raipur held that service of tabulation, checking and preparation of marksheets and other computer assisted work doesn’t require any specific professional skill or expertise. Therefore, provisions of section 194J of the Income Tax Act are not attracted.

Expense reduced from export turnover should also be reduced from total turnover for calculating deduction u/s 10AA

January 10, 2023 582 Views 0 comment Print

Infosys Ltd Vs ACIT (ITAT Bangalore) ITAT Bangalore held that expenditure reduced from export turnover should also be reduced from total turnover while computing deduction under section 10AA of the Income Tax Act. Facts- During the relevant previous year, the assessee had incurred brand building expenses of Rs.81,79,53,112/-. The brand building expenditure were in the […]

Deduction u/s. 80P available to entities registered under Karnataka Souharda Sahakari Act, 1997

January 9, 2023 1995 Views 0 comment Print

ITAT Bangalore held that deduction under section 80P of the Income Tax Act is duly available to the entities registered under Karnataka Souharda Sahakari Act, 1997.

Penalty u/s 271(1)(c) leviable as incomes not offered to tax with intention to evade tax

January 9, 2023 6141 Views 0 comment Print

ITAT Mumbai held that penalty under section 271(1)(c) of the Income Tax Act is leviable as incomes were not offered to taxation with a dishonest intention to conceal the income and evade tax.

Payment for consultancy service provided by university is exempt u/s. 10(23C)

January 9, 2023 1191 Views 0 comment Print

ITAT Mumbai held that exemption under Section 10(23C) of the Income Tax Act is available to the payments received for consultancy services provided by university.

Penalty u/s 271AAB not imposable in absence of specific charge

January 9, 2023 930 Views 0 comment Print

ITAT Kolkata held the levy of penalty under section 271AAB of the Income Tax Act without specifying the charge on which the same is imposable is unsustainable in law.

No addition u/s 68 could be sustained if sales were made out of stock-in-trade

January 9, 2023 6570 Views 0 comment Print

If the cash sales and receipts were duly supported by relevant bills which were produced in the course of assessment proceedings, addition U/s 68 was unwarranted. Where cash sales transaction was recorded in regular books of accounts, sales were made out of stock-in-trade then no addition U/s 68 could be sustained.

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