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ITAT upholds Reassessment of Company for land acquired by it before incorporation through Directors

March 18, 2024 297 Views 0 comment Print

Indore ITAT clarifies that a firm can’t deny land ownership if bought through directors. Read the detailed analysis of Bagora Developers Pvt. Ltd. Vs ACIT case.

Transfer pricing study selecting AE as tested party duly acceptable: ITAT Mumbai

March 18, 2024 201 Views 0 comment Print

ITAT Mumbai held that assessee selecting Associated Enterprise (AE) as “tested party” justifiable. Accordingly, transfer pricing study conducted by the assessee is duly acceptable.

Issuance of Letter of Comfort to banker of AE doesn’t constitute international transaction u/s. 92B: ITAT Mumbai

March 18, 2024 312 Views 0 comment Print

ITAT Mumbai held that there is a fundamental gap between guarantee and Letter of Comfort. Guarantee is a legally enforceable; however, Letter of Comfort is not. Thus, issuing Letter of Comfort to the Bankers of AE, the assessee did not incurred any cost and hence it does not constitute international transaction under section 92B of the Act

Revision u/s 263 justified as consistency not followed in treatment of foreign exchange gain/loss: ITAT Hyderabad

March 18, 2024 234 Views 0 comment Print

ITAT Hyderabad held that revision under section 263 of the Income Tax Act justified as consistency not followed in treatment of foreign exchange gain/loss amounts to error in sofar as it is prejudicial to the interest of revenue.

Denial of exemption u/s. 54 due to mistake committed by developer unjustified: ITAT Mumbai

March 18, 2024 432 Views 0 comment Print

ITAT Mumbai held that denial of exemption under section 54 of the Income Tax Act unjustified as appellant cannot be penalized for the mistake committed by the developer/seller in allocating the flat. Thus, exemption u/s. 54 granted as all the conditions satisfied.

Jurisdiction u/s 153C assumed based on satisfaction note date when date of handing over of material unavailable: ITAT Delhi

March 18, 2024 396 Views 0 comment Print

ITAT Delhi held that in absence of mentioning the date of handing over of material, date of satisfaction note shall be considered for the purpose of assumption of jurisdiction u/s 153C of the Act and completion of assessment thereafter.

Revision order passed u/s. 263 unacceptable as based on reassessment order which itself is unsustainable: ITAT Delhi

March 18, 2024 459 Views 0 comment Print

ITAT Delhi held that once the reassessment order passed by AO is not sustainable in the eyes of law, any revision order passed u/s. 263 of the Income Tax Act seeking to revise such reassessment order cannot be accepted in the eyes of law. Accordingly, revision order passed u/s. 263 quashed.

Payment to related party cannot be disallowed u/s. 40A(2)(b) as AO failed to prove it as unreasonable: ITAT Delhi

March 18, 2024 534 Views 0 comment Print

Trinity Global Enterprises Ltd. vs. ITO: No disallowance under 40A(2) for supervision and risk management charges. Detailed analysis and conclusions provided.

ITAT deletes estimated addition for alleged payment of margin monies

March 18, 2024 207 Views 0 comment Print

ITAT Delhi directs deletion of derivative loss addition, ruling that proper banking channel payments were made. Details of the case explained here.

Eligible unit deduction u/s. 80IA of the Income Tax Act allowable on gross basis: ITAT Delhi

March 18, 2024 423 Views 0 comment Print

Pragati Power Corporation Ltd vs ACIT (ITAT Delhi) case: Analysis of ITAT decision allowing deduction under section 80IA without offsetting losses from other Industrial Units.

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