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Income Tax exemption claim allowed without examination – Section 263 revision order valid

December 12, 2022 252 Views 0 comment Print

L&T Infra Debt Fund Limited Vs CIT (Exemption) (ITAT Mumbai) In the instant case, we notice that the AO did not examine the exemption claimed u/s 10(47) of the Act, meaning thereby, the assessment order has been passed by the AO without application of mind. The exemption so allowed without examining the claim would be […]

Genuine Business Transactions not covered under Section 40A(3)

December 12, 2022 495 Views 0 comment Print

Govind Ramprashad Baheti Vs ITO (ITAT Pune) The assessee admittedly runs Baba Ramdev Krishi Seva Kendra involving primarily rural customers engaged in agricultural activities. And that he carries out his business activities regarding sale of various agricultural products only. There is further no dispute that the recipient herein is also engaged in very line of […]

Interest on loan cannot be treated as unexplained

December 12, 2022 999 Views 0 comment Print

Sathyanarayanan Radhika Vs ACIT (ITAT Chennai) ITAT noted that the loan amount of Rs. 1.25 Crores was taken in previous year from Shri R. Sathyanarayanan and the balance amount of Rs. 17,00,690/- was interest on the loan amount and this cannot be treated as unexplained and moreover, there is no failure of the provisions of […]

Non-technical consultancy service not taxable as Fees for Included Services

December 11, 2022 2229 Views 0 comment Print

ITAT Mumbai held that consultancy services not of technical nature cannot treated as Fees for Included Services as per sub-clause 4B of Article 12 of DTAA between India –USA and hence addition unsustainable

Stamp duty value on date of agreement is to be considered, if date of agreement fixing consideration and registration is different

December 11, 2022 13128 Views 0 comment Print

ITAT Mumbai held that as per the provisions of 56(2)(vii)(b) of the Income Tax Act if the date of agreement fixing the consideration and date of registration are not in same, the stamp duty value may be taken as on the date of agreement fixing the consideration, instead of that on the date of registration.

Addition of unexplained investment deleted in absence of substantive evidence

December 10, 2022 1758 Views 0 comment Print

ITAT Jaipur held that additions on account of LIC Premia treated as unexplained investment deleted as merely based on rough notings without any substantive evidence.

Addition beyond the limited scrutiny notice is unsustainable

December 10, 2022 2214 Views 0 comment Print

ITAT Delhi held that in case of limited scrutiny, AO cannot exceed the jurisdiction beyond the one which he has carved out himself in the notice issued for limited scrutiny. Addition beyond his jurisdiction is unsustainable.

Addition unsustainable as genuineness of transaction proved

December 9, 2022 1611 Views 0 comment Print

ITAT Ahmedabad held that assessee has produced many evidences to provide genuineness of the transactions and hence addition confirmed by CIT(A) is liable to be deleted.

TDS credit available in year in which corresponding income is offered to tax

December 9, 2022 13686 Views 0 comment Print

ITAT Chennai held that TDS credit of the earlier financial years is available as income relating to said TDS has been offered to tax for the impugned assessment years on the basis of mercantile system of accounting.

Order denying Registration u/s12AA without proper due diligence is not permissible: ITAT

December 9, 2022 591 Views 0 comment Print

The ITAT allowed appeal of the assesse wherein the LD. CIT(E) have rejected registration under 12A of the I.T. Act, 1961, by observing that various allegations made by the ld.CIT(E) while denying registration u/s. 12A of the I.T.Act requires verification and proper appreciation of facts by the ld. CIT(E). In addition, it was also observed that the matter requires a revisit to the file of the PCIT for deciding the issue afresh and in accordance with law after giving due opportunity of being heard to the assessee.

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