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Business promotion & Diwali expenses allowable as genuineness not doubted

November 3, 2022 1944 Views 0 comment Print

ITAT Delhi held that there is no doubt about the genuineness of the expenditure of business promotion expenses and Diwali expenses and there is also no finding that such expenses are incurred for the personal purpose/ extraneous nature of expenses.

Salary income earned by NRI for work performed abroad not taxable in India

November 3, 2022 3105 Views 0 comment Print

Kanagaraj Shanmugam Vs ITO (ITAT Chennai) From the fact it emerges that the assessee has stayed in India for 63 days during this year and his status, as per law, is non-resident. The assessee has worked in India for 21 days and offered proportionate salary to that extent to tax. For remaining period, the work […]

TDS not deductible on EDC Payment to HUDA; Section 271C penalty not imposable

November 3, 2022 1041 Views 0 comment Print

Sirur Developers Pvt. Ltd. Vs JCIT (TDS) (ITAT Delhi) ITAT find that the issue as to whether penalty under section 271C of the Act is leviable for non-deduction of tax on payments made for External Development Charges (EDC) to HUDA came up for hearing before the Tribunal in the case of TDI Infrastructure Ltd. Vs. […]

ill health & transfer of residence reasonable cause for non-submission of document to AO

November 3, 2022 480 Views 0 comment Print

Shashank Shekhar Singh Vs DCIT (ITAT Ahmedabad) ITAT have given our thoughtful consideration and perused the materials available on record including the paper book filed by the assessee wherein the additional evidences produced by the assessee before the Ld. CIT(A) namely the Mutual Funds statement was issued on 01.04.2014 whereas the reassessment was passed on […]

Penalty not imposable for non-submission of part documents related to bona fide claim as business was closed 

November 3, 2022 693 Views 0 comment Print

Assessee had already closed down its business and therefore, could not file part documents as required by Assessing Officer, however, from documents produced, it is apparently clear that required details with regard to purchase price/value of property was available before authorities

TDS Liability is not attracted on Discount given to Distributors of Sim Cards: ITAT

November 2, 2022 1290 Views 0 comment Print

ITAT held that the sale of SIM cards/recharge coupons at discounted rate to the distributors was not commission and therefore not liable to deduct the TDS under Section 194H.

Expenditure of ESOP is revenue expenditure

November 2, 2022 2082 Views 0 comment Print

ITAT Bangalore held that the expenditure on account of ESOP is a revenue expenditure and had to be allowed as deduction while computing income.

Companies with similar functionality can be compared while valuing international transaction

November 2, 2022 981 Views 0 comment Print

ITAT Hyderabad held that for comparability of company with that of the assessee, in case of international transactions, the criteria of functionally comparability needs to be considered.

Depreciation on goodwill resulted from approved scheme of amalgamation is allowable

November 2, 2022 2535 Views 0 comment Print

ITAT Kolkata held that the claim the depreciation on goodwill which has resulted from the scheme of amalgamation which was duly approved by the Hon’ble Calcutta High Court cannot be rejected.

Exemption u/s 10AA available on goods re-exported by approved SEZ unit

November 2, 2022 1665 Views 0 comment Print

ITAT Mumbai held that exemption u/s 10AA of the Income Tax Act available in case imported goods are re-exported by a unit duly approved by development commissioner of concerned SEZ.

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