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All ITAT

Interest Income as ‘Beneficial owner’ cannot be taxed under Article 11(3)(c) of India-Mauritius Tax Treaty

July 28, 2020 2202 Views 0 comment Print

The issue under consideration is whether as per India-Mauritius DTAA, Interest Income from Foreign Currency loan and Securities would be eligible to tax in India?

No addition for sale consideration outside books of account on mere presumptions

July 28, 2020 693 Views 0 comment Print

In the present case, the A.O, came to the conclusion that since assessee company purchased the same shares just after 05 days from TIDCL at a much lower price, therefore, assessee must have paid the sale consideration outside the books of account. Accordingly, A.O. in the assessment order held that assessee has paid to TIDCL outside books of account and made addition accordingly.

Entire Purchases cannot be Treated as Bogus if Payments Made through Accounted Money

July 28, 2020 2775 Views 0 comment Print

Bhagatram Vs ACIT (ITAT Hyderabad) The issue under consideration is whether the CIT(A) is correct in considering the entire purchase as bogus purchase? ITAT states that it is also a known fact that Gold / Gold Jewellery is often purchased in the grey market in order to avoid taxes/customs duty etc., by the traders. In […]

Import of diamonds for re-export qualify for section 10AA deduction

July 27, 2020 1044 Views 0 comment Print

The issue under consideration is whether the AO is correct in disallowance of the deduction claim u/s 10AA by stating that the import of diamonds for re-export is not eligible for such deduction?

Jewellery not found during Search cannot be Treated as Sold to levy Capital Gain

July 27, 2020 783 Views 0 comment Print

The issue under consideration is whether short of the jewellery found during search be treated as sold and capital gain attracted?

ITAT allows exemption of Rs 220 cr to Tata Education & Development Trust

July 26, 2020 1890 Views 0 comment Print

In a major relief for Tata Education and Development Trust, the Income Tax Appellate Tribunal (ITAT) bench consisting of Justices PP Bhatt, President, ITAT, on 24th July ruled in favour of the trust in their appeal against commissioner income tax (CIT) appeal order wherein a demand of more than Rs.220 crore was levied by the tax department .ITAT also stayed the matter of that demand without any minimum pay.

Interest allowed in earlier years cannot be disallowed in subsequent years

July 25, 2020 2274 Views 0 comment Print

ITAT states that, it was not disputed that the borrowings were made in earlier years and no disallowance of interest was made in earlier years with regard to the said borrowings and utilization thereon.

Depreciation on Intangible CMS Software allowed under Income Tax

July 25, 2020 5208 Views 0 comment Print

The issue under consideration is whether depreciation will be levied on the intangible being CMS software? CMS, which has been developed by the assessee is computer application which supports the creation and modification of content and is often used to support multiple users working in a collaborative environment.

STT paid Long Term Capital Loss Can be Set Off against Non-STT paid Long Term Capital Gains

July 25, 2020 11277 Views 0 comment Print

The issue under consideration is whether the long-term capital gain on sale of non-STT paid shares can be set off against long-term capital loss arising from STT paid shares?

AO recorded reasons on same returned income- Reassessment Invalid

July 25, 2020 1569 Views 0 comment Print

AO recording reasons on same returned income considering escaped assessment but making various other additions of other than accepted returned income declared invalid and deleted in light of Explanation 3 and held issuance of fresh notice u/s 148 on other issues is mandatory.

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