Mumbai ITAT allows full depreciation for New Rampgreen Technologies, citing asset ownership date. It also voids the reassessment, holding that the tax audit report was already with the AO, preventing a ‘change of opinion’ based reopening.
ITAT Mumbai held that the waiver of differed sales tax liability is a benefit accrued to the assessee arising out of its business hence the sum waived is taxable under section 28(iv) of the Income Tax Act. Accordingly, appeal of assessee dismissed.
ITAT Delhi held that deeming fiction of section 2(22)(e) of the Income Tax Act cannot be attracted when loan or advances are made to person not being shareholder. Accordingly, CIT(A) rightly deleted the addition and hence appeal filed by revenue dismissed.
AO however, held that STCG on the sale of rights entitlement was to be taxed as “sale of shares” under Article 13(5) of the India-Ireland DTAA, making an addition towards STCG as taxable in India.
The Income Tax Appellate Tribunal (ITAT) has remanded a case involving Shree Bhandari Gnyati Mandal, challenging the denial of 80G registration. The ITAT directs re-verification of the trust’s expenditure on religious activities.
ITAT Hyderabad remands Ujwal Foundation’s appeals for 80G approval and 12AB registration, citing Supreme Court precedent on considering proposed charitable activities.
The ITAT Delhi dismissed GE Steam Power Systems’ appeals for AY 2015-16 and 2016-17 after the company opted for the Vivad se Vishwas Scheme, allowing future revival if the settlement fails.
The ITAT Ahmedabad has remanded a case concerning Smasta Gurjar Kshatriya Kadiya Samaj Navsari, stating 80G exemption cannot be denied solely due to a religious object if religious expenditure is below 5% of total income.
ITAT Kolkata held that filing of Form No. 67 is directory and no mandatory and the credit for foreign taxes cannot be denied for mere delay in filing the Form No. 67. Accordingly, appeal of the assessee allowed.
Mumbai ITAT rules against taxing notional rent on unsold flats held as builder’s stock-in-trade, preferring the Gujarat High Court view over Delhi.
