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Personal savings of a government employee cannot be suspected for several years

December 17, 2022 1626 Views 0 comment Print

ITAT in Piyushbhai Mangalbhai Patel Vs ITO has deleted the addition of Rs. 12,70,000/- observing that personal savings of government employees could not be suspected for several years.

Exemption u/s 10(38) not available in case of LTCG for sale of bogus equity shares

December 16, 2022 6627 Views 0 comment Print

ITAT Kolkata held Long Term Capital Gain (LTCG) for sale of equity shares as bogus and accordingly not eligible to exemption u/s. 10(38) of Income Tax Act, 1961.

Expenditure towards abandoned project is available as revenue expenditure

December 16, 2022 2952 Views 0 comment Print

ITAT Hyderabad held that expenditure incurred for construction/acquisition of new facility which was subsequently abandoned at work-in-progress stage was allowable in year of write off as incurred wholly and exclusively for purpose of business.

Remuneration u/s 40(b)(v) available on additional income offered

December 16, 2022 1845 Views 0 comment Print

ITAT Bangalore held that as the additional income offered is considered as business income, remuneration u/s. 40(b)(v) of the Income Tax Act is available on the same.

Benefit of carry forward and set off available to amalgamating company is also available to amalgamated company

December 16, 2022 2250 Views 0 comment Print

ITAT Pune held that as the business of amalgamating company continues uninterruptedly by amalgamated company, the benefit of carry forward and set off earned by amalgamating company is available to amalgamated company.

There is no concept of deferred revenue expenditure

December 16, 2022 7863 Views 0 comment Print

Held that there is no concept of deferred revenue expenditure but the assessee is entitled to depreciation on the assets so capitalized and put to use for the software services related to health care.

Loss incurred on hedging transaction to safeguard foreign currency fluctuation loss is not speculative loss

December 16, 2022 1758 Views 0 comment Print

ITAT Delhi held that forward contract was purely hedging transactions entered into by assessee to safeguard against loss arising out of fluctuation in foreign currency, loss on such transactions could not be held as speculative transactions felling within ambit of section 43(5).

Interest Income not to be assessed When Assessee is Non-Resident: ITAT

December 16, 2022 1959 Views 0 comment Print

In the case of JCIT v. Rahul Rajnikant Parikh, ITAT Mumbai held that interest income need not be assessed when assessee is a Non-resident.

Foreign exchange gain/ loss from ordinary course of business is operating cost/ revenue

December 15, 2022 5001 Views 0 comment Print

ITAT Pune held that foreign exchange gain/loss which has arisen from exports/imports of the product/materials which are in the ordinary course of business of the assesses are included as operating cost.

Tax benefit of India-UK DTAA available to LLP on Indian engagement income

December 15, 2022 3543 Views 0 comment Print

ITAT Delhi held that benefit of India-UK DTAA is available to Limited Liability Partnership on the portion of income from Indian engagement.

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