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All ITAT

Toll Collection Right Deemed Intangible Asset: Depreciation allowed

March 19, 2024 204 Views 0 comment Print

Mumbai ITAT allows depreciation on ‘right to collect toll tax’ on infrastructure facilities for Roadstar Investment vs ACIT. Detailed analysis and implications provided.

Reopening u/s. 148 merely based on investigation report is unjustifiable: ITAT Delhi

March 19, 2024 1152 Views 0 comment Print

ITAT Delhi held that reopening assessment under section 148 of the Income Tax Act merely based on the investigation report without concluding the nature of alleged accommodation entry is unjustifiable and liable to be quashed.

Invocation of deeming provisions of section 69 unjustified as nature and source of undisclosed income explained: ITAT Chandigarh

March 19, 2024 489 Views 0 comment Print

ITAT Chandigarh held that addition invoking the deeming provisions of section 69 r.w.s. 115BBE of the Income Tax Act unjustified as nature and source of undisclosed income/ investment duly explained by the assessee.

Section 11 exemption can’t be denied merely for Journal Sale & Subscription Income

March 19, 2024 300 Views 0 comment Print

Mumbai ITAT rules income from sale and subscription of journals not basis to deny exemption u/s 11 if not main objects of trust in ITO vs Satvichar Darshan case. Detailed analysis provided.

Retracted Statement Doesn’t Justify Treating Currency Derivative Loss as Bogus

March 19, 2024 264 Views 0 comment Print

DCIT Vs Delight Suppliers Pvt. Ltd. case by ITAT Kolkata, where currency derivative loss was deemed genuine and safe harbour rule of 5% under Section 50C was allowed.

Manufacturing & distribution activity being different it is fair to segregate both contracts: ITAT Mumbai

March 19, 2024 228 Views 0 comment Print

ITAT Mumbai held that as under distribution segment assessee is purchasing Finished Drug Formulation from its AE for sale in India and under manufacturing segment assessee is transacting with non-AEs, it is fair and reasonable to segregated contract of manufacturing activity and distribution activity. Accordingly, matter remanded.

AO cannot resort to estimation of gross or net profit without rejecting books

March 18, 2024 804 Views 0 comment Print

Interest on Business Deposits Not Taxable as Income from Other Sources; AO Cannot Estimate Gross Profit Without Rejecting Books of Accounts: ITAT

No Section 80IC deduction if Audit was not completed on or before filing ITR

March 18, 2024 483 Views 0 comment Print

Securico Electronics vs. ACIT: ITAT Delhi disallows Rs.33,97,998 80IC deduction due to late Form 10CCB filing. Full text analysis & conclusion.

Toyota Financial: ITAT Directs Re-Adjudication on Taxability of NPAs’ Interest

March 18, 2024 297 Views 0 comment Print

Toyota Financial Services India Ltd vs ACIT: ITAT Bangalore provides relief, orders re-adjudication on taxability of NPAs’ interest income. Full text analysis.

ITAT Delhi quashes reassessment initiated by AO on incorrect facts

March 18, 2024 876 Views 0 comment Print

ITAT Delhi quashes reassessment initiated by AO on incorrect facts. Full text analysis of Shri Anuj Chaudhary vs ITO case for AY 2009-10.

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