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All ITAT

Higher depreciation @60% allowable to UPS and printers

December 23, 2022 1119 Views 0 comment Print

ITAT Chennai held that UPS and Printers being part of a computer systems and hence eligible for higher depreciation at the rate 60%

Remuneration including bonus to partners should be within permissible limit u/s 40(b)

December 23, 2022 222 Views 0 comment Print

ITAT Delhi held that total allowance of the remuneration (including bonus) to the partners has to be within the permissible limit of provisions of section 40(b) of the Income Tax Act.

Inland Haulage Charges covered under Article 9 of India-France Tax Treaty hence not taxable

December 23, 2022 1182 Views 0 comment Print

ITAT Mumbai held that Inland Haulage Charges forms part of income from operation of ships in international traffic and hence covered under Article-9 of India-France Tax Treaty is not taxable in India.

Interest earned by co-operative society out of investment with co-operative bank is deductible u/s 80P(2)(d)

December 23, 2022 2310 Views 0 comment Print

ITAT Mumbai held that interest income earned by co-operative society on its investment held with the co-operative bank would be eligible for claim of deduction under section 80P(2)(d) of the Income Tax Act.

Industrial promotion subsidy is capital receipt not chargeable to tax

December 22, 2022 2157 Views 0 comment Print

ITAT Mumbai held that Industrial Promotion Subsidy received under Package Incentive Scheme 2007 declared by the Government of Maharashtra is capital receipt and hence not taxable.

Repair & maintenance of workshop/ showroom is revenue expenditure

December 22, 2022 1710 Views 0 comment Print

ITAT Pune held that repairs & maintenance expenditure incurred in rented workshop and showroom is revenue expenditure and allowable as deduction under section 30(a)(i) of the Income Tax Act,1961

Exemption u/s 2(14) not deniable reasoning that land was sold to company not carrying agricultural operation

December 22, 2022 1296 Views 0 comment Print

ITAT Chennai held that test applied by AO that land was sold to a company which was not carrying agricultural operations is not justifiable for denying exemption to sale of agricultural land u/s 2(14) of the Income Tax Act.

Amount of executive search fee is not ‘fee for technical services’ and hence not taxable

December 22, 2022 489 Views 0 comment Print

ITAT Mumbai held that Executive search fee is not ‘fee for technical services’ under Article 12(5)(a) as well as 12(5)(b) of the India Netherlands Tax Treaty.

Compensation for pre-closure of BOT project is capital receipt hence not taxable

December 22, 2022 768 Views 0 comment Print

ITAT Pune held that the amount received as compensation for pre-closure of BOT (Build, Operate, Transfer) project is capital receipt. Hence, treating the same as revenue receipt by invoking provisions of section 28(ii)(d) of the Income Tax Act is unsustainable in law.

Show cause notice issued in routine manner cannot be considered a valid notice

December 21, 2022 7056 Views 0 comment Print

Smt. Priyanka Agarwal Vs DCIT (ITAT Jaipur) Taking into facts and circumstances of the case it is an evident from the show cause notice u/s 274 read with section 271AAB of the Act that the Assessing Officer was not clear i.e whether it is for the clause (a) or clause (b) or clause (c) of […]

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