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Denial of exemption based on documents seized from employees without any corroborative material unsustainable

January 16, 2024 810 Views 0 comment Print

ITAT Mumbai held that documents seized from employees cannot be considered as having any evidentiary value and cannot be considered to have trustworthiness, since no other corroborative material was brought on record to support the veracity of the same. Hence, documents seized from employees cannot be relied upon for denying exemption u/s 11.

Exemption u/s 11 available to Indian Chamber of Commerce on its entire receipts

January 16, 2024 699 Views 0 comment Print

ITAT Kolkata held that the Indian Chamber of Commerce (ICC) is entitled to exemption u/s 11 of the Act as ICC is not carrying on any activity of holding meetings, seminars and conferences for business purpose but only in support its main object hence it is not hit by the proviso to Section 2(15) of the Act even post amendments.

Physical fitness expenditure not incurred wholly and exclusively for profession duly disallowed

January 16, 2024 498 Views 0 comment Print

ITAT Hyderabad held that assessee being a film artist, physical fitness is a part and parcel of his profession, but it cannot be held to be incurred wholly and exclusively for the profession of the assessee. Hence, disallowance of physical fitness expenditure justifiable in law.

Tax Implications on Architectural Services, Brokerage and Reimbursement of Expenses

January 16, 2024 1290 Views 0 comment Print

In a landmark ruling, ITAT Mumbai delves into ITO vs. Macrotech Developer Ltd., analyzing tax implications on international transactions, focusing on architectural services, brokerage, and expense reimbursements under ITA and DTAA. A comprehensive verdict that sets a significant precedent in international taxation law.

Jurisdictional Deficiency in Notice u/s 143(2) Renders Assessment Order Liable for Quashing

January 16, 2024 3954 Views 0 comment Print

Read case of Monarch & Qureshi Builders challenging an ITAT Mumbai order, highlighting jurisdictional issues in Section 143(2) notice for quashing assessment.

Interest Income from Co-op Bank without Banking License Eligible for Sec. 80P(2)(d) Deduction 

January 16, 2024 2583 Views 1 comment Print

Read ITAT decision on the eligibility of a cooperative society for a deduction under Section 80P(2)(d) of the Income Tax Act. The case, Keyyur Primary Agricultural Co-operative Society Ltd. Vs ITO, addresses interest income on investments in a cooperative bank without a banking license.

Excess Stock cannot be treated as unexplained investment’ u/s.69B & section 115BBE not apply

January 16, 2024 1551 Views 0 comment Print

ITAT Chennai’s in Ethiraj Hotel Mart Vs DCIT held that as assessee declared excess stock as business income and provided a plausible explanation for its source, it should be taxed as ‘normal business income’ and not as ‘unexplained investment’ under section 69B.

ITAT Allows section 54 Deduction for property registered in spouse’s name

January 13, 2024 13302 Views 0 comment Print

ITAT Delhi rules in favor of taxpayer Simran Bagga, allowing deduction under section 54 for property registered in spouse’s name. Full text and analysis here.

AO cannot treat advance from customers as Deferred Sale without concrete basis

January 11, 2024 852 Views 0 comment Print

In the case of Raj Auto Wheels (P) Ltd vs ACIT, ITAT Jaipur meticulously analyzed additions based on customer advances and sales deferment, emphasizing legal principles and fair assessment. Tribunal’s rulings underscore the importance of genuine transactions and consistent legal application in tax assessments.

No disallowance under Section 40(a)(ia) if payee has already paid taxes: ITAT Jaipur

January 11, 2024 2292 Views 0 comment Print

The issue involved the contention that disallowance under Section 40(a)(ia) should not be made if the payee has already paid taxes. Noteworthy payees included public limited companies such as Maruti Udhyog Ltd., and Non-Banking Finance Corporations like Sundaram Finance, AU Finance, and Mahindra & Mahindra Finance.

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