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ITAT Remands Case Due to Email Sent to Former Accountant

February 6, 2025 486 Views 0 comment Print

ITAT Ahmedabad remands Amod Steel case after non-appearance due to communication sent to a former accountant’s email, impacting the appeal process.

Consider Investments Yielding Exempt for Rule 8D Disallowance: ITAT Delhi

February 6, 2025 279 Views 0 comment Print

ITAT Delhi remanded the issue back to file of AO to re-compute disallowance under rule 8D(2)(ii) of the Income Tax Act by taking those investment which give rise to exempt income @1% of average value of investment.

Rule 8D Disallowance should be Based on Average Investment Value: ITAT Mumbai

February 6, 2025 219 Views 0 comment Print

ITAT Mumbai held that disallowance under rule 8D(2)(ii) r.w.s. 14A of the Income Tax Rules should be made on average value of investment yielding exempt income and not on the basis of quantum of investment based on market value.

Section 56(2)(vii)(c) not applies to New Shares of Amalgamated Company: ITAT Rajkot

February 6, 2025 126 Views 0 comment Print

In case of shares issued under amalgamation, there are no two parties to a transfer of a property. There are tripartite arrangements between amalgamated company, amalgamating company and shareholder of the amalgamating company.

TDS and Advance Tax Credits was allowable for Amalgamated Company as per section 199 r/w 198

February 5, 2025 441 Views 0 comment Print

Assessee also pointed out that the income from these credits was included in its accounts for the year and taxed accordingly. A claim for interest under section 244A for the short refund was also raised.

Violation of FCRA Act without specifying provision cannot be ground to reject application for registration u/s. 12AB

February 4, 2025 411 Views 0 comment Print

ITAT Jaipur held that rejection of application in Form 10AB for registration under section 12AB of the Income Tax Act alleging violation of FCRA Act without specifying the relevant provision is unsustainable in law. Accordingly, matter remanded back to CIT(E).

Market development expense towards sale of product is revenue expenditure: ITAT Mumbai

February 4, 2025 177 Views 0 comment Print

ITAT Mumbai held that market development expenses towards sale of product is revenue in nature hence denial of same is unsustainable. Accordingly, market development expenses being revenue expenditure is allowed as deduction.

Procedural Delays in Form 10B Filing Should Be condoned if No Malafide Intent: ITAT Kolkata

February 4, 2025 846 Views 0 comment Print

ITAT Kolkata condones delay in Form-10B filing for Manav Seva Trust, allowing exemption under Section 12A of the Income Tax Act. Case remanded to AO.

No addition u/s 69A for unexplained cash loan as assessee provided sufficient evidence

February 3, 2025 615 Views 0 comment Print

Addition made under Section 69A for an alleged unexplained cash loan was not justified as assessee provided evidence of receiving the loan through banking channels and not through cash.

No TDS u/s 194H as amount retained by e-commerce platforms were service fees and not commissions

February 3, 2025 354 Views 0 comment Print

Assessee was not liable to deduct TDS under section 194H as relationship between e-commerce platform and  assessee was not of an agency but that of two independent parties on principal to principal basis.

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