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AO cannot travel beyond selected reasons for limited scrutiny

January 7, 2023 3069 Views 0 comment Print

ITAT Chennai held that it is not open for the Assessing Officer to travel beyond the reasons for selection of the scrutiny for limited scrutiny.

TDS not deductible on IT support service in absence of gaining technical knowledge

January 7, 2023 852 Views 0 comment Print

ITAT Delhi held that as there is no gain of technical knowledge, experience or skill, the IT support service do not fall under the definition of FTS under Article 13 of the DTAA and hence TDS not deductible on the same.

Levy of penalty u/s 271(1)(c) unsustainable as matter debatable

January 6, 2023 1449 Views 0 comment Print

ITAT Ahmedabad held that in an identical matter, jurisdictional High Court ruled the matter in favour of the assessee, however, later on Apex Court held otherwise. Accordingly, the issue was debatable do to which levy of penalty u/s 271(1)(c) of the Income Tax Act is unsustainable.

Disturbing concluded assessment in search assessment without incriminating material is untenable

January 6, 2023 864 Views 0 comment Print

Held that in respect of concluded assessments, the earlier assessment completed should not be disturbed in the search assessments without existence of any incriminating material.

Disallowance of PF ESIC vide 143(1) intimation is correct: ITAT-Pune

January 6, 2023 1686 Views 0 comment Print

Cemetile Industries Vs ITO (ITAT Pune) These appeals by different assessees are directed against the confirmation of disallowance u/s.36(1)(va) of the Income-tax Act, 1961 (hereinafter also called ’the Act’) made in the Intimations issued u/s.143(1) of the Act or thereafter its confirmation in the respective rectification orders for the assessment years 2017-18 to 2020-21. Due […]

Revisionary proceedings justified for failure to enquire about bogus transaction from penny stock companies

January 6, 2023 711 Views 0 comment Print

ITAT Kolkata held that invoking revisionary proceedings justified as AO failed to conduct the enquiry about the bogus transactions inspite of the report of the Investigation Wing containing the list of 84 companies found to be penny stock companies available in the Income Tax Portal.

Profit & gains arising from transfer of interest in Hydro Projects taxable under income from business

January 6, 2023 708 Views 0 comment Print

ITAT Pune held that profits and gains arising from transfer of interest in Hydro Projects is income from business and not income under the head ‘short term capital gains’.

Re-assessment based on information from DIT(Inv.)-II office is sustainable

January 6, 2023 1143 Views 0 comment Print

ITAT Pune held that information from the office of DIT (Inv.)-II is a tangible information enabling AO to form a belief that income has escaped assessment and hence proceedings of re-assessment justified.

Penalty leviable for delay filing of return as assessee is habitual defaulter

January 6, 2023 1569 Views 0 comment Print

ITAT Bangalore held that penalty under section 271F of the Income Tax Act leviable as assessee being a habitual defaulter filed income tax return for four years filed belatedly

ITAT deletes Section 271B penalty imposed by AO on commission agent

January 6, 2023 7083 Views 0 comment Print

Bablu Kumar Harinarayan Gupta Vs ITO (ITAT Pune) ITAT held that it is not fit case for levy of penalty u/s 271B merely because the appellant was unable to substantiate the submission that the appellant is only commission agent because there is no obligation on the part of the assessee to get the accounts audited […]

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