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Section 10(26) Exemption Limited to Individual Members of Scheduled Tribe: ITAT Guwahati

April 2, 2024 396 Views 0 comment Print

ITAT Guwahati held that the exemption of 10(26) of the Income Tax Act is available to the individual members of the Scheduled Tribe and the said benefit cannot be extended to a partnership firm.

Commission cannot be disallowed merely for increase in Rate of Commission 

April 2, 2024 435 Views 0 comment Print

Learn how ITAT Mumbai overturned a decision to disallow excessive commission paid by Srinathji Yamunaji Enterprises, citing lack of evidence and business necessity.

Section 68 Addition Unjustified if Shares’ Purchase & Sale Validated by Evidence: ITAT Mumbai

April 2, 2024 1155 Views 0 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act unsustainable as assessee has established the genuineness of purchase and sale of shares by producing documentary evidence and transaction of purchase and sale of shares is done via banking channel.

Expenditure towards ESOP is allowable u/s 37(1) of Income Tax Act: ITAT Mumbai

April 2, 2024 1140 Views 0 comment Print

ITAT Mumbai held that the ESOP expenses claimed by the assessee is an allowable expenditure under section 37(1) of the Income Tax Act.

Order passed against non-existent entity is liable to be quashed: ITAT Delhi

April 2, 2024 627 Views 0 comment Print

ITAT Delhi held that passing of an order in the name of an entity which has merged with another entity will make the order void ab initio. Accordingly, the impugned assessment order passed in the name of a non-existent entity is void ab initio and hence liable to be quashed.

ITAT Remands Matter, Imposes Cost on Assessee for Lack of Cooperation

March 31, 2024 357 Views 0 comment Print

Read about the ITAT Ahmedabad’s decision in the case of Vivekkumar S Bhavsar vs ITO, where the matter was remanded back to the AO due to lack of cooperation from the assessee. A cost of Rs. 5000 was imposed on the assessee, payable to the Prime Minister National Relief Fund.

ITAT Delhi Restores ICSI vs DCIT Case for Income Tax Exemption Claim Verification

March 31, 2024 402 Views 0 comment Print

The ITAT Delhi orders a review of the Institute of Company Secretaries of India’s income tax exemption claim, sending the matter back for verification by the AO.

Mathematical Errors cannot be said to be Failure to Disclose Material Facts: ITAT Ahmedabad

March 31, 2024 435 Views 0 comment Print

Ahmedabad ITAT rules in favor of Mehsana Urban Co-op. Bank Ltd., stating AO’s incorrect calculation isn’t failure to disclose, thus invalidating assessment reopening beyond 4 years.

Section 271D Penalty: ITAT Directs AO to Verify Reasonable Cause for Cash Loan

March 31, 2024 708 Views 0 comment Print

In the case of SVT Wholesale Pvt. Ltd. Vs JCIT, the ITAT Bangalore evaluates the penalty imposed under Section 271D for violating Section 269SS of the Income Tax Act, 1961. Learn about the legal arguments, precedents, and the tribunal’s decision.

Section 43B Doesn’t Apply where payment precedes claim of expenditure

March 31, 2024 5322 Views 0 comment Print

Read a detailed analysis of the case of DCIT vs. Flax Apparels Pvt. Ltd. where ITAT Ahmedabad ruled that Section 43B of the Income Tax Act, 1961 doesn’t apply when payment precedes the claim of expenditure.

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