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Payment by Google Ireland not in nature of royalty is not taxable in India: ITAT Bangalore

November 9, 2024 1338 Views 0 comment Print

ITAT Bangalore held that payments made by [Google Ireland Limited] GIL towards Adwords program is not in the nature of royalty or FTS [Fees for Technical Service] and hence the same is not taxable in India.

AO not permitted to take different stand on same issue over different years: ITAT Chennai

November 9, 2024 3384 Views 0 comment Print

ITAT Chennai held that an AO is not permitted to take different stand on the same issue and same set of facts over different years. Thus, exemption u/s. 11 granted in spite of the fact that return was filed using ITR-6.

Dismissal of appeal merely because appeal was filed manually instead of e-filing unjustified: ITAT Ahmedabad

November 9, 2024 1125 Views 0 comment Print

ITAT Ahmedabad held that dismissal of appeal by CIT(A) on technical/ procedural aspect merely because the appeal was filed manually instead of e-filing unjustified as assessee was not given an opportunity to cure the defect. Accordingly, appeal restored back.

Deduction u/s. 54EC admissible as nexus between advance from sale of property and investment in NHAI bonds established

November 9, 2024 1203 Views 0 comment Print

ITAT Ahmedabad held that benefit of deduction under section 54EC of the Income Tax Act allowed since nexus between advance received towards sale of property and investment made in NHAI bonds established.

Appeal dismissed as tax effect below monetary limit as specified by CBDT: ITAT Kolkata

November 9, 2024 1263 Views 0 comment Print

ITAT Kolkata dismissed the appeal preferred by the revenue since tax effect is below the threshold specified by CBDT vide circular no. 5 of 2004 dated 15.03.2024 and also the case doesn’t fall under any exception as per CBDT circular.

Action of AO based on High Court decision not erroneous hence jurisdiction u/s. 263 unjustified

November 9, 2024 1284 Views 0 comment Print

ITAT Chennai held that action of AO based on jurisdictional High Court decision as prevalent on the specified time, which was later on reversed by the Supreme Court, cannot be held to be erroneous and prejudicial to the interest of revenue.

Dismissal of condonation of delay for non-filing of condonation petition untenable: ITAT Chennai

November 8, 2024 1293 Views 0 comment Print

ITAT Chennai held that the condonation of delay should not be dismissed for the reason that the appeal filed belatedly is not accompanied by condonation petition. Thus, order set aside and matter remanded back.

No addition u/s 69 of unexplained cash deposits as same was based on mere suspicion

November 8, 2024 5310 Views 0 comment Print

Assessee had deposited Rs.2,25,00,000/- during the demonetization period in the bank account and explained the reason of the cash deposit, hence he had discharged the onus and prove the genuineness of the transaction.

ITAT Grants TDS Credit on Merged Entity’s Income to Amalgamated Company

November 8, 2024 4020 Views 0 comment Print

ITAT Ahmedabad directs AO to grant TDS credit to Shiva Pharmachem, even with certificates under merged company’s name, provided income is assessed with the assessee.

ITAT Ahmedabad allows warranty claim based on a scientifically validated method

November 8, 2024 954 Views 0 comment Print

ITAT Ahmedabad allows Rotomag Motors’ warranty claim based on a scientifically validated method, overturning CIT(A) disallowance. Case details and analysis.

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