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Reassessment order passed without disposing objection raised by assessee not sustainable

February 19, 2025 1038 Views 0 comment Print

ITAT Mumbai held that passing of assessment order u/s 147 r.w.s. 144B of the Act without disposing the objections raised by the assessee is not sustainable being without jurisdiction. Accordingly, reassessment notice u/s. 148 set aside.

80IA Deduction Allowed on income from Operation of industrial park 

February 19, 2025 552 Views 0 comment Print

DCIT Vs K Raheja IT Park (Hyderabad) Ltd. (ITAT Mumbai) The Income Tax Appellate Tribunal (ITAT) Mumbai dismissed appeals filed by the revenue challenging the Commissioner of Income Tax (Appeals)’s order regarding deductions claimed under Section 80IA(4)(iii) of the Income Tax Act, 1961, by K Raheja IT Park (Hyderabad) Ltd. The appeals pertained to assessment […]

Section 50C not applicable to assignment of development rights: ITAT Bangalore

February 18, 2025 1914 Views 0 comment Print

ITAT Bangalore ruled on the taxability of Transferable Development Rights (TDR) in the case of Smt. Sowmya Sathyan vs. ITO, clarifying its classification under income tax laws.

Section 50C not applicable to transfer of development rights of land: ITAT Pune

February 18, 2025 4722 Views 0 comment Print

ITAT Pune ruled on capital gains in Smt. Vimal Baburao Jadhav Vs ITO. The Tribunal held Section 50C inapplicable, recalculating LTCG based on actual transactions.

ITAT Pune allows Foreign Tax Credit: Form 67 filing is procedural, not mandatory

February 18, 2025 996 Views 0 comment Print

ITAT Pune allows Foreign Tax Credit for Kasper Pieter Tideman, ruling that Form 67 filing is procedural, not mandatory. Read the case details and key judicial precedents.

Matter restored back to CIT(A) as ex-parte order passed violating principles of natural justice

February 18, 2025 1263 Views 0 comment Print

ITAT Ahmedabad held that where Commissioner (Appeals) passed ex-parte order in violation of principles of natural justice, one more opportunity should be granted to assessee. Accordingly, matter restored back to CIT(A) for de-novo consideration.

Disallowance u/s 14A was invalid in absence of Exempt Income

February 18, 2025 918 Views 0 comment Print

Assessee-company was involved in manufacturing tractors, agricultural equipment, and spare parts, also operated a technology center providing IT and engineering services to Deer Associates.

No revision u/s 263 for claim of Bank of Maharashtra’s ₹1137 Crore deduction for Bad and Doubtful Debts

February 18, 2025 573 Views 0 comment Print

PCIT was not justified in assuming jurisdiction u/s 263 in the case of Bank of Maharashtra allowing deduction under Section 36(1)(via) as Assessing Officer’s (AO) assessment order was not erroneous, even if it was prejudicial to the interest of revenue.

Addition of Unexplained Cash Deposit was sustained at 25% on basis of reasonable estimate

February 18, 2025 741 Views 0 comment Print

Aggrieved by the order passed by AO, assessee moved on with an appeal to CIT(A), where assessee challenged the reopening of the assessment, arguing that Section 148 was not justified.

Foreign Tax Deduction Not Allowed as Business Expense: ITAT Chennai Rejects Zoho’s Claim

February 17, 2025 1419 Views 0 comment Print

Zoho Corporation’s attempt to deduct foreign taxes as business expenses under Section 37 of the Income Tax Act was rejected by the ITAT Chennai. The tribunal upheld the disallowance, citing Section 40(a)(ii) and emphasizing the distinction between foreign tax credit under Section 90/91 and business expense deductions. This ruling clarifies the limitations on claiming foreign tax deductions and reinforces the interpretation of relevant tax provisions.

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