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Penalty u/s 271G untenable as no transfer pricing adjustment possible due to omission of section 92BA(i): ITAT Mumbai

August 1, 2024 111 Views 0 comment Print

ITAT Mumbai held that no transfer pricing adjustment could have been made in the hands of assessee on account of ALP of specified domestic transactions as section 92BA(i) of Income Tax Act was omitted. Thus, since provisions of section 92D are not applicable, penalty u/s. 271G of the Income Tax Act untenable.

Weighted deduction u/s 35(2AB) for clinical trials outside approved R&D facilities allowed: ITAT Hyderabad

August 1, 2024 177 Views 0 comment Print

ITAT Hyderabad held that weighted deduction u/s 35(2AB) of the Income Tax Act in respect of clinical trials expenses incurred outside approved R&D facilities is allowable post approval by prescribed authority.

Provisions of section 56(2)(x) of Income Tax Act doesn’t apply to developer: ITAT Mumbai

August 1, 2024 849 Views 0 comment Print

ITAT Mumbai held that provisions of section 56(2)(x) of the Income Tax Act does not apply to developer who has taken over the possession of lawn or building or both for the purpose of the development.

Interest from FD linked to business activities is business income: ITAT Mumbai

July 31, 2024 744 Views 0 comment Print

CIT(A) decides that interest income from FD linked to business activities is correctly classified as business income, not “Income from Other Sources.

Right to collect toll is intangible asset & eligible for 25% depreciation: ITAT Delhi

July 31, 2024 213 Views 0 comment Print

Detailed analysis of the ITAT Delhi verdict in BSC C and C Kurali Toll Road Ltd. vs ACIT, addressing key tax dispute issues and depreciation claims.

Exemption u/s 10(38) admissible even if STT not paid on shares acquired on or after 01.10.2004: ITAT Mumbai

July 31, 2024 828 Views 0 comment Print

ITAT Mumbai held that since the shares were acquired on or after 01.10.2004, the assessee would be entitled to claim exemption of LTCG u/s 10(38) of the Income Tax Act even if the Securities Transaction Tax (STT) was not paid at the time of acquisition.

Tax not leviable on LTCG earned by Mauritius company on sale of share: ITAT Delhi

July 31, 2024 195 Views 0 comment Print

ITAT Delhi held that long term capital gain on sale of shares in case of the assessee company, being resident of Mauritius, is not liable to be taxed in India.

Inclusion of Bank & Bank Guarantee Charges for Disallowance u/s 14A Unjustified: ITAT Delhi

July 31, 2024 234 Views 0 comment Print

ITAT Delhi held that disallowance u/s. 14A of the Income Tax Act unjustified as sufficient interest free funds were available for investment. Also held that inclusion of bank charges and bank guarantee charges for making disallowance u/s. 14A unjustified.

Section 23 of Central Act exempts Advocates Welfare Fund from income tax: ITAT Chennai

July 31, 2024 150 Views 0 comment Print

ITAT Chennai held that section 23 of the Central Act provides for exemption of Income-tax to the Advocates Welfare Fund of the State. Accordingly, exemption granted and appeal of revenue dismissed.

Co-op Society entitled to Deduction u/s 80P(2)(d) on Interest Income from Co-op Banks: ITAT Mumbai

July 31, 2024 318 Views 0 comment Print

ITAT Mumbai held interest income earned by a cooperative society from its investment in cooperative bank is eligible for deduction u/s 80P(2)(d) of the Income Tax Act even after insertion of section 80P(4) of the Income Tax Act.

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