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LTCG on Market Linked Debentures Taxable at 20% under Sec 112: ITAT Bangalore 

March 10, 2025 1749 Views 0 comment Print

ITAT Bangalore holds LTCG from Market Linked Debentures taxable at 20% under Section 112, rejecting concessional 10% rate under Section 112A. Assessee’s appeal dismissed.

Addition u/s. 68 restricted to 0.30% of total Circular Trading Transaction: ITAT Ahmedabad

March 10, 2025 1767 Views 0 comment Print

ITAT Ahmedabad held that CIT(A) rightly restricted disallowance on account of unexplained bank deposit and withdrawal under section 68 of the Income Tax Act to 0.3% of total Circular Trading Transaction. Accordingly, appeal of revenue dismissed.

Extraordinary event of demonetization to be considered while comparing cash sales during that period

March 10, 2025 927 Views 0 comment Print

Held that the invoices issued by the assessee contained a barcode. A barcode on a tax invoice serves as a verification mechanism, ensuring that the sale is recorded in the system and adds a layer of authenticity.

Reassessment not Change of Opinion if original assessment not involve any formation of opinion

March 10, 2025 558 Views 0 comment Print

It was held that in the original assessment under Section 143(1), the issue related to the deed of purchase of land was not looked into as the same was not reported in the assessee’s income before the Revenue.

Deduction u/s 80P was allowable as amendment of Section 80AC was not retrospective in nature

March 10, 2025 2361 Views 0 comment Print

Assessee then filed returns in response to the notice under Section 148, claiming a deduction under Section 80P. AO disallowed the deduction, stating that the returns were not filed within the due date under Section 139(1).

TDS u/s. 195 not attracted on salary paid outside India towards staff hired outside India

March 10, 2025 1071 Views 0 comment Print

ITAT Delhi held that provisions of section 195 as well as section 40(a)(iii) are not attracted in case of salary paid to staff hired outside India and services were utilised outside India. Accordingly, appeal of the revenue dismissed.

Reassessment notice issued u/s. 148 beyond six years is time barred: ITAT Mumbai

March 10, 2025 8238 Views 0 comment Print

ITAT Mumbai held that notice under section 148 of the Income Tax Act issued after a period of six years is barred by limitation. Accordingly, assessment proceedings under section 147 is liable to be quashed.

No addition u/s 69B as seized quantity of jewellery was under the Limit prescribed by Circular No. 1916

March 10, 2025 1068 Views 0 comment Print

It was held that considering the provisions of CBDT Circular No. 1916 and the explanation provided by the assessee, the seized gold jewellery up to the specified thresholds for each family member should be treated as explained.

ITAT Restores Appeal as Delay by Salaried Assessee Was Properly Explained

March 10, 2025 171 Views 0 comment Print

The ITAT emphasized that the appeal should be decided on merits after condoning delay where sufficient explanation exists. The CIT(A) was directed to provide proper opportunity of hearing to the assessee.

No Section 40a(ia) disallowance for non-deduction of TDS if recipient already paid the taxes

March 10, 2025 11208 Views 0 comment Print

ITAT Kolkata addressed TDS disallowance and procedural compliance in PBN Constructions Pvt. Ltd. Vs DCIT. Analysis includes judicial precedents and key findings.

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