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Date of transfer of share is date of contract and not date of agreement: ITAT Mumbai

March 22, 2024 1488 Views 0 comment Print

ITAT Mumbai held that the date of the agreement by no stretch of imagination could be the date of sale of the shares by the assessee. As date of contract of sale would be date of fulfilment of conditions specified in share purchase agreement, date of contract will be treated as date of transfer.

Interest & Dividend from Investments between Co-op Societies Eligible for Section 80P(2)(D) Deduction

March 21, 2024 789 Views 0 comment Print

In a case between Konkan Education Society Sevak Sahakari Patpedhi Ltd and ITO, ITAT Pune rules interest & dividend from cooperative investment deductible under Income Tax Act.

No Section 271D Penalty for Cash Loans from Close Relatives: Reasonable Cause

March 21, 2024 1263 Views 0 comment Print

In Mani Sundaram Vs ITO (ITAT Chennai), cash loans from relatives, later treated as gifts, didn’t incur penalty under section 271D of the Income Tax Act.

Addition on account of bogus purchases should be limited to profit margin involved therein: ITAT Mumbai

March 21, 2024 1026 Views 0 comment Print

ITAT Mumbai held that addition in case of bogus purchases should be limited to the extent of G.P. rate on purchases. Accordingly, matter remanded with direction to reduce addition only to the extent of profit margin involved in such purchases.

ITAT Deletes Cash Deposit Addition; Source Linked to Property Sale Advance received by father

March 21, 2024 462 Views 0 comment Print

In the case of Aashish Luthra vs. ITO, ITAT Mumbai deletes cash deposit addition after establishing the source as property sale advance received by the father.

Absence of thorough verification of origin of cash funds: ITAT directs re-adjudication

March 21, 2024 366 Views 0 comment Print

Explore the case of Shantabai Jasraj Lodha challenging additions made by CIT(A) – NFAC regarding a Rs.20 lakhs deposit during demonetization. Analysis reveals discrepancies and remand for further verification.

Management Service Fees paid to non-resident AEs is Deductible Expenses

March 21, 2024 309 Views 0 comment Print

Explore the ITAT Delhi ruling on the eligibility of management service fees paid to non-resident AEs under section 37(1) of the Income Tax Act in the case of Iris Worldwide Integrated Marketing Pvt. Ltd vs. DCIT.

Section 14A Disallowance cannot exceed Exempted Income: ITAT Bangalore

March 21, 2024 339 Views 0 comment Print

Read the full text of the order of ITAT Bangalore in Ambika Ghorpade Vs ACIT case, discussing disallowance u/s 14A of Income Tax Act and expenses under section 37(1).

Section 263 cannot be invoked if here is no prejudice against revenue

March 21, 2024 393 Views 0 comment Print

Ahmedabad ITAT quashes Sec 263 order in Soham Buildcon vs PCIT-3 case, citing absence of twin conditions for exercising power under the provision. Full text analysis provided.

Claim of Cash-In-Hand from Business Profits cannot be rejected without Clear Findings

March 21, 2024 468 Views 0 comment Print

Delhi ITAT ruling on Manish Kumar Mittal Vs ITO case clarifies treatment of cash-in-hand from business profits declared under Sec 44AD, preventing it from being added as unexplained money.

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