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Insurance Company Negative Reserves Not Distributable Surplus & Cannot be taxed

March 8, 2025 156 Views 0 comment Print

ITAT Mumbai dismisses Revenue’s appeal against Kotak Mahindra Life Insurance, citing precedents favoring the insurer on taxation of surplus and negative reserves.

Cash & Stock Income Taxable as Business Income, Not u/s 69A: ITAT Bangalore

March 8, 2025 264 Views 0 comment Print

Additional income offered by assessee on account of cash and excess stock is liable to be taxed as business income and not unexplained investment under section 69A at special rates of 115BBE.

ITAT deletes Vague Penalty Order for no Proof on Non-Maintenance of Documents

March 8, 2025 321 Views 0 comment Print

ITAT Ahmedabad affirms CIT(A) order canceling ₹1.2 Cr penalty on Priya Blue Recycling LLP, citing lack of international transactions.

ITAT Mumbai Quashes Reassessment Proceedings Against Shah Rukh Khan

March 8, 2025 7389 Views 0 comment Print

ITAT Mumbai invalidates reassessment against Shah Rukh Khan for FY 2012-13, addressing foreign tax credit claims and procedural flaws in reopening under Section 147.

ITAT Pune condone Delay in Filing Audit Report as valid reason is provided

March 8, 2025 336 Views 0 comment Print

ITAT Pune rules in favor of Roshan A Kudalkar, rejecting tax additions based on closing stock discrepancies and allowing the claim under Section 80IAC.

ITAT Pune Remands Saibaba NGO’s Section 80G Registration for Review

March 8, 2025 144 Views 0 comment Print

ITAT Pune sets aside CIT’s rejection of Saibaba NGO’s 80G trust registration, citing lack of opportunity for response, and orders fresh adjudication.

Debatable Tax Claims in Good Faith Don’t Attract Section 270A Penalties

March 8, 2025 339 Views 0 comment Print

ITAT Chennai rules that debatable tax claims made in good faith do not warrant penalties under Section 270A of the Income Tax Act. Read the case details.

Search Incriminating Material Requires Proceedings Under Section 153C, Not 147/148

March 8, 2025 375 Views 0 comment Print

ITAT Jaipur rules that when search finds incriminating material, proceedings must be under Section 153C, not 147/148. Read case details of DCIT vs. Kailash Chand Hirawat.

Retainer Fee to US Agent Allowed as Business Expense; No Disallowance Without Exempt Income

March 8, 2025 132 Views 0 comment Print

Where payment made to foreign entities by way of retainership fee did not result in commensurate business in USA in the year relevant to assessment year 2008-09, it did not imply that the expenditure incurred was not for the purpose of the assessee’s business. AO was directed to delete the addition of Rs.64,88,451/- by observing that the expenditure was disallowed u/s 14A.

Disallowance u/s 40A(3) Remanded for Review Considering Bank Holiday, Agent Payment & Business Exigenc

March 8, 2025 132 Views 0 comment Print

Assessee had given cash to her employee who was the supervisor or the agent who in turn made payment to the sellers of the gold and therefore the same would not fall within the scope of section 40A(3) in view of the decision of Hon’ble Calcutta High Court in the case of S.K. Joynal Abedin v. CIT.

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