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Punitive damage being negative restitution not allowable as business expense

January 20, 2024 498 Views 0 comment Print

ITAT Delhi held that punitive damage being allowed as negative restitution cannot be allowed as business expenditure under section 37(1) of the Income Tax Act

Provisions of section 50C not applicable for Assessment Year 2013-14: ITAT Bangalore

January 19, 2024 717 Views 0 comment Print

Income Tax Appellate Tribunal (ITAT) Bangalore’s significant order favoring Saritha Jain against the Commissioner of Income Tax (Appeals) for Assessment Year 2013-14, covering various grounds challenging income tax assessment.

Unexplained cash credit u/s 68: Addition sustained on failure to discharge onus cast on assessee

January 19, 2024 588 Views 0 comment Print

ITAT Mumbai held that the assessee has not discharged its onus to satisfactorily prove the incurring of expenditure for running the alleged Hotel Management Business. Thus, in absence of satisfactory documentary evidence, addition u/s. 68 of entire turnover disclosed as hotel management business sustained.

Section 115-O Rate Applies for Additional Tax on Dividends to Non-Residents, Not DTAA Rate

January 19, 2024 801 Views 0 comment Print

Explore Sennheiser Electronics India vs Circle – 4 case at ITAT Delhi. Section 115-O rate applies for additional tax on dividends to non-residents, not DTAA rate.

Vessel Damage Payments, Capital in Nature and Not fall under Section 5(2): ITAT

January 19, 2024 348 Views 0 comment Print

ITAT Ahmedabad upheld decision of CIT(A), ruling in favor of Nirma Limited. The nature of payments for vessel damage was deemed as reimbursement and capital in nature, not falling under Section 5(2) of the Act. The appeal by Revenue was dismissed, affirming the cancellation of TDS deduction on the payment of USD 4,50,000.

Taxation of Firm’s Income Exclusively in Firm’s Hands, Not Partners: ITAT Mumbai

January 19, 2024 813 Views 0 comment Print

Ketan Tokershi Shah Vs DCIT (ITAT Mumbai) Income belonging to firm whether disclosed or undisclosed can be taxed only in the hands of the firm and not in the hands of partner

ITAT deletes unexplained cash credit addition of Rs. 3 crore, stemming from unsecured loans

January 18, 2024 5274 Views 0 comment Print

The appeal challenges the order dated 14th June 2023, passed under section 250 of the Income Tax Act, 1961. The primary issue revolves around the addition of Rs.3,00,00,000/- as unexplained cash credit on account of unsecured loans.

ITAT Mumbai Remands Case for Fair Hearing on Assessment Order

January 18, 2024 240 Views 0 comment Print

Explore the ITAT Mumbai’s remand of Nitin Amratlal Brahmbhatt’s case against ACIT-24(3) on the assessment order under Income Tax Act. Fair opportunity of hearing mandated.

 ITAT allows deduction of Rs. 26 Cr  of Unbilled Revenue written off

January 18, 2024 1047 Views 0 comment Print

Read the full text of ITAT Hyderabad’s order in Pennar Industries Ltd vs DCIT case for A.Y.2018-19. Unbilled revenue cannot be considered income once written off.

Computation of capital gains tax on sale of agricultural land converted into non-agricultural land

January 18, 2024 3123 Views 0 comment Print

Case of Ilaben Bharatbhai Amin vs ITO, recently decided by ITAT Ahmedabad, delves into intricacies of calculating capital gains tax arising from sale of agricultural land that undergoes conversion into non-agricultural land before sale.

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