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Excise duty refund under Incentive Scheme 2001 is capital receipt: ITAT Delhi

October 16, 2024 555 Views 0 comment Print

Further, revenue also contested that whether the ld. CIT(A) was justified in treating the excise duty refund of Rs 1,63,15,661/- as capital receipt, which were earlier treated as revenue receipt, in the facts and circumstances of the case.

Capital gain not taxable in India since holding of foreign company is less than 10%: ITAT Mumbai

October 16, 2024 1005 Views 0 comment Print

ITAT Mumbai held that capital gain arising out of sale of shares not taxable in the hands of foreign company since holding is less than 10% hence Article 14(4) of DTAA between India and Spain cannot be applied.

Assessee failed to provide adequate evidence: ITAT Remands Case for Fresh Examination  

October 16, 2024 672 Views 0 comment Print

The ITAT Mumbai remands the case of Ashok Ghelabhai Patel for fresh examination after the assessee failed to provide adequate evidence for claimed expenses.

No Section 271(1)(c) penalty on estimated addition of alleged bogus purchases

October 16, 2024 1560 Views 0 comment Print

ITAT Mumbai quashes penalty under Section 271(1)(c) for Vijay Jewellers, citing estimated additions for bogus purchases. No concealment or inaccurate details found.

Cost imposed on assessee for not responding during assessment and appellate proceedings: ITAT Bangalore

October 16, 2024 654 Views 0 comment Print

ITAT Bangalore held that there was no proper response during the assessment proceedings as well as in the appellate proceedings. Accordingly, issue remanded back to the file of AO subject to payment of costs of Rs. 5,000.

Excess stock found during a tax survey should be treated as business income

October 16, 2024 1974 Views 0 comment Print

ITAT Rajkot reviews the PCIT’s revision under Section 263 regarding income classification in Jayshree Sarees case.

ITAT allows guest house maintenance charges incurred to promote business activities 

October 16, 2024 1017 Views 0 comment Print

ITAT Rajkot allowed appeals by Saurashtra Cement on guest house maintenance costs for AY 2014-15 and 2015-16, overturning prior disallowances.

Taxation of shipping companies operating in international waters & applicability of India-Singapore DTAA

October 16, 2024 1158 Views 0 comment Print

Atlantic Shipping Pvt. Ltd. Vs ITO (ITAT Rajkot) In a recent ruling by the Income Tax Appellate Tribunal (ITAT) in Rajkot, the case of Atlantic Shipping Pvt. Ltd. vs. Income Tax Officer has brought to light critical issues regarding tax assessments for shipping companies operating in international waters and the applicability of the India-Singapore Double […]

Addition u/s. 69A without proper examination of books of accounts unjustified: ITAT Ahmedabad

October 16, 2024 1719 Views 0 comment Print

ITAT Ahmedabad held that the addition under Section 69A of the Income Tax Act made without proper examination of the books of account and relevant financial records unjustified. Accordingly, order set aside and matter restored back.

Depreciation on right to collect toll on roads developed on BOT basis ineligible: ITAT Mumbai

October 16, 2024 1140 Views 0 comment Print

ITAT Mumbai held that depreciation under section 32 of the Income Tax Act on the right to collect toll on the roads developed on BOT basis is not eligible.

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