The appellant-company has deducted TDS as per sec.194H of the Act on commission payment to Agent, however, not deducted any TDS on sales promotion and cash incentives paid to the retailers.
ITAT Jaipur held that since reasons for incomplete details in Form No. 10AB are curable in nature, assessee is given one more chance to advance documents before CIT(E) as to application for registration u/s. 12AB. Accordingly, matter restored for fresh registration.
ITAT Pune held that penalty under section 271AA of the Income Tax Act is not imposable in view of section 273B of the Act since there was a reasonable cause for not reporting the said transaction in Form No. 3CEB as it was not considered to be an international transaction.
Bangalore ITAT mandates 80G approval for Academy of General Education, clarifying CIT(E)’s scope is limited to verifying genuine activities and statutory compliance, not income utilization or fee nature.
ITAT Bangalore overturns CIT (Exemptions)’s rejection, granting City Hospital Charitable Trust 80G approval. The tribunal clarified the scope of inquiry for 80G approval, emphasizing genuineness over fund application at this stage.
ITAT Jaipur held that denial of exemption u/s. 10(23C)(iiiad) of the Income Tax Act for non-filing of return before due date prescribed u/s. 139(1) not justified since aggregate annual receipts doesn’t exceed specified limit. Accordingly, exemption granted and appeal allowed.
ITAT Bangalore held that once the audit report filed in form 10B to be available with the Assessing Officer before the assessment proceedings take place, the requirement of Law is satisfied. Thus, exemption under section 11 of the Income Tax Act allowed.
ITAT Delhi held that amount withdrawn by the assessee in the capacity of the partner from the partnership firm cannot be treated in the nature of loan and advance and cannot be covered within meaning of deemed dividend under section 2(22)(e) of the Income Tax Act.
ITAT Mumbai held that no addition under section 43CA of the Income Tax Act warranted due to difference between stamp duty value and sale consideration is less than tolerance band of 10% as per proviso to section 43CA. Also held that amendment providing tolerance band of 10% is retrospective in nature.
ITAT Mumbai rules S.80-IC deduction must be computed solely on eligible unit’s profit, disallowing set-off of losses from non-eligible units, upholding consistency.
