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ITAT directs Readjudication of Section 35AD deduction

April 4, 2024 201 Views 0 comment Print

Explore ITAT Indore’s order in ACIT Vs MP Warehousing case, challenging deduction under section 35AD for specified and non-specified business income.

Share capital/premium cannot be added to income for mere non-compliance of summons by subscribers

April 4, 2024 498 Views 0 comment Print

In the Nano Infra Promoters Pvt Ltd vs ITO case at ITAT Kolkata, learn why receipts couldn’t be added to income under section 68 just for summons non-compliance.

Delay in appeal cannot be condoned for Vague & unsatisfactory reasons

April 4, 2024 462 Views 0 comment Print

Indore ITAT dismisses Abhishek Singh’s appeal against PCIT for filing belatedly, citing insufficient cause for the 6-year delay.

AO’s Treatment of Cash Deposits as Unexplained Without Adverse Material Unjustified

April 4, 2024 3723 Views 0 comment Print

ITAT Delhi in Preeti Bhardwaj Vs ITO held that AO cannot treat cash deposits as unexplained when assessee has provided the source of cash deposits being cash withdrawals without bringing adverse material.

AO cannot disallow interest expense on Mere Presumption without disproving supporting evidences

April 4, 2024 420 Views 0 comment Print

The case pertained to the disallowance of interest amounting to Rs. 1,16,82,953/- paid on an unsecured loan. This ruling sheds light on the meticulous examination of evidence and the importance of substantiating claims in tax matters.

Section 263 cannot be invoked on debatable issue of taxation of Interest under Land Acquisition Act

April 4, 2024 498 Views 0 comment Print

Sanjay Kumar Sharma Vs PCIT (ITAT Delhi): ITAT’s ruling on interest under Land Acquisition Act as capital receipt and exempt under Section 10(37) analyzed.

No Section 56(2)(viib) addition for allotment of equity shares by Subsidiary to holding company at premium

April 4, 2024 1785 Views 0 comment Print

Rugby Regency P. Ltd appeals against denial of depreciation on windmills and addition of income under Section 56(2)(viib) of Income Tax Act. Detailed analysis of the case from ITAT Delhi.

Revision u/s 263 justified as details not examined by AO: ITAT Mumbai

April 4, 2024 342 Views 0 comment Print

ITAT Mumbai held that non-examination of the details clearly makes the order of AO erroneous and prejudicial to the interest of revenue. Accordingly, PCIT correctly assumed the revisional jurisdiction under section 263 of the Income Tax Act.

No Section 56(2)(x)(b)(B)(ii) Addition for Valuation Difference of less than 10%

April 3, 2024 4335 Views 0 comment Print

ITAT Mumbai ruled that no addition is warranted under Sec 56(2)(x)(b)(B)(ii) of Income Tax Act when difference between purchase value and fair market value is less than 10%.

Due Date for Section 36(1)(va) Commences with wages was payable’ & not when disbursed

April 3, 2024 702 Views 1 comment Print

Explore the legal dispute between Kaarya Facilities and ITO over the interpretation of Section 36(1)(va). Due date for wages under scrutiny. ITAT Mumbai ruling analyzed.

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