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All ITAT

Delay of 1473 days cannot be condoned for Illness of MD of Company

July 21, 2022 1365 Views 0 comment Print

ITAT held that Even if it is assumed MD was ill which incapacitated him for continuously four years , the assessee could have entrusted the task to other Directors/officers of the assessee

No Section 271D penalty for one time cash loan to meet business exigency

July 21, 2022 1149 Views 0 comment Print

Shri Mohanlal Savjibhai Tilva Vs ACIT (ITAT Ahmedabad) The case of the assessee was that the loan in cash was taken from his HUF on account of extreme business exigency and necessity of honouring post dated cheques issued to the third parties. Further at that time, the assessee was not having sufficient balance in the […]

Sale of software products is not royalty income so not taxable in India

July 20, 2022 1368 Views 0 comment Print

Held that it is well settled law that, the sale of software product which will not giving rise to royalty income.

Section 263 revision without recording errors found in order is unsustainable

July 20, 2022 738 Views 0 comment Print

Held that Commissioner should not simply relegate the point that the assessment order is erroneous to the AO. The Commissioner, after analyzing the record, ought to have recorded a categorical finding and provided valid reasons as to how the assessment order is erroneous. Revision unsustainable

Focus Products Scheme Incentive is not liable to Income tax

July 20, 2022 1974 Views 0 comment Print

Focus Product Scheme (FPS) was first introduced with the objective to incentivize export of such products which have high export intensity/ employment potential, so as to offset infrastructure inefficiencies and other associated costs involved in marketing of these products.

FTS not include consideration taxable as Salary in the hands of recipient

July 20, 2022 1248 Views 0 comment Print

FTS does not include consideration `which would become income of the recipient chargeable under the head Salaries’.

Departmental appeal rejected by ITAT as monetary tax amount less than 50 Lakhs

July 19, 2022 2337 Views 0 comment Print

Held that tax effect in the departmental appeal is less than Rs. 50 Lakhs as revised vide circular dated 08/08/2019. Appeal rejected.

Share of client pledged by broker cannot be treated as his undisclosed investment

July 19, 2022 2154 Views 0 comment Print

Held that broker pledged the shares of the clients with banks for obtaining bank finance. It is not justified to take value of shares pledged as undisclosed investment of the broker.

TDS u/s. 194C deductible on Common Maintenance Charges

July 19, 2022 1896 Views 0 comment Print

Held that the payment towards CAM charges are in the nature of contractual payment which are made for availing services/ facilities. Accordingly, TDS is deductible u/s. 194C

Capital gain not payable on partition or family settlement

July 19, 2022 17757 Views 0 comment Print

Partition or family settlement is not transfer. When there is no transfer there is no capital gain and consequently no tax on capital gain is liable to be paid.

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