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All ITAT

Section 32AC deduction eligible on Generation of Electricity

November 7, 2022 681 Views 0 comment Print

Generation of electricity amounts to manufacture or production of any article or they qualifying for deduction u/s 32AC. 

Income Tax return filed belatedly cannot be revised under section 139(5)

November 7, 2022 1137 Views 0 comment Print

Income Tax Return revision right under section 139(5) was denied and not at all available to assessee who has filed belated return under section 139(4).

Sale of online advertisement space is not taxable if non-resident not has PE in India

November 7, 2022 1116 Views 0 comment Print

ITAT Bangalore held that unless the non-resident, who is engaged in sale of online advertisement space, has a PE in India, no portion of receipts earned by it from sale of online advertisement space in India can be brought to tax in India as Act read with the relevant DTAA.

Exercising of revisional jurisdiction in a mechanical & cavalier manner is unsustainable

November 7, 2022 291 Views 0 comment Print

ITAT Mumbai held that AO duly verified the TDS credit and assessee duly explained as to why certain receipts though subjected to TDS would not be liable to be offered to tax such as mobilization advance. Ignoring the same and exercising the revisional jurisdiction u/s 263 in a mechanical and cavalier manner is unsustainable

Value of goods duly accepted by excise department cannot be re-valued by AO

November 6, 2022 366 Views 0 comment Print

ITAT Chennai held that as the value of goods are duly accepted by the Central Excise department without there being any modification then AO doesn’t have any jurisdiction to go beyond the same.

Allowability of Bonus as Part of Partners Remuneration- ITAT restores matter to CIT(A)

November 6, 2022 1053 Views 0 comment Print

ITAT Patna partly allows appeal of Anil Kumar Singh. Orders restoration of the claim of remuneration, including bonus, based on Partnership Deed under Section 40(b)(v).

Service of Section 143(2) notice on wrong address is not a valid service

November 6, 2022 2637 Views 0 comment Print

Shivaji S. Desai Vs ITO (ITAT Mumbai) The service of notice issued under Section 143(2) of the Act directly by affixture, and that too, on an address on which the assessee had never resided or carried its business is not a valid service. In fact, there is no service of notice issued under section 143(2) […]

Section 154- No legal or factual issue on merits can be argued or re-argued if issue is highly debatable

November 6, 2022 471 Views 0 comment Print

Raymold Lighting Pvt. Ltd. Vs ITO (ITAT Chennai) ITAT noted that this appeal is against the rectification order passed by A.O and the impugned order by CIT(A) on this order of rectification u/s. 154 of the Act dated 27.09.2017. We noted that in the original appeal filed before CIT(A) by the assessee, the assessee has […]

ITAT quashes assessment order for violation of principles of natural justice

November 6, 2022 1605 Views 0 comment Print

It is evident from this that the Ld.CIT(A) has also not given opportunity to the assessee to cross examine the parties. It is necessary to specify that the power of CIT(A) is co-terminus with that of the Assessing Officer.

Maintenance charges from letting out services taxable as income from other sources

November 6, 2022 711 Views 0 comment Print

Once the maintenance charges were attributable to the letting out services provided, same derived from providing services was to be considered under the head income from other sources  and not income from house property

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