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ITAT Hyderabad

PCIT cannot direct AO to initiate penalty proceedings u/s 271(1)(c)

August 24, 2023 4023 Views 0 comment Print

ITAT Hyderabad held that law doesn’t permit delegation of authority by PCIT to Assessing Officer (AO) for the purpose of imposition of penalty. Accordingly, direction issued by PCIT to AO to initiate penalty proceedings u/s 271(1)(c) of the Income Tax Act is unlawful.

TNMM is most appropriate method in absence of CUP which is applicable in intangibles

August 16, 2023 768 Views 0 comment Print

ITAT Hyderabad held that Transactional Net Margin Method (TNMM) was the most appropriate method in the absence of a Comparable Uncontrolled Price (CUP) which is applicable to the payment of technical service fee which is in nature of intangibles.

ITAT Upholds invocation of Section 263 for demonetized Cash Deposit & Acceptance

August 6, 2023 1458 Views 0 comment Print

SAP Medicals Pvt. Ltd. vs. ITO: Appeal against ITAT’s 263 ruling. Explore demonetization cash deposit issue, legal analysis, and dismissal grounds.

LIC Survival Benefit from Father’s Death Exempt Under Section 10(10D): ITAT

July 28, 2023 585 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Hyderabad ruled in favor of Rajiv Venkataraman, stating that the survival benefit received from LIC on his father’s death is exempt under Section 10(10D) of the Income Tax Act.

ITAT Partially Deletes Unexplained Credit Card Payment Addition

July 28, 2023 1446 Views 0 comment Print

In the case of Sandeep Auraneebadkar vs. ITO, the ITAT Hyderabad partially deleted an addition made under section 69A of the Income Tax Act due to failure to explain credit card payments with supporting evidence.

ITAT Allows Application for Approval u/s. 80G(5) Despite Wrong Form Selection

July 17, 2023 2181 Views 1 comment Print

ITAT Hyderabad in case of Telangana State Chapter Indian Radiological & Imaging Association vs ITO held that application for approval u/s. 80G(5) cannot be rejected solely for selecting wrong form.

Section 271(1)(b): ITAT Upholds Penalty for Assessee’s Willful Disobedience

July 16, 2023 546 Views 0 comment Print

Read an in-depth analysis of the Ishoo Narang Vs ACIT (ITAT Hyderabad) case. The ITAT upheld a penalty levied due to non-compliance with a notice under section 271 of the Income Tax Act.

No Disallowance under section 14A if assessee not earned any exempt income

July 16, 2023 2850 Views 0 comment Print

The ITAT Hyderabad recently ruled in favor of NCC Infrastructure Holdings Limited, declaring no disallowance of deduction under section 14A of the Income Tax Act can be made if the assessee hasn’t earned any exempt income.

Receipt of foreign assignment allowance by way of Travel Currency Card abroad not taxable in India

July 15, 2023 678 Views 0 comment Print

Held that an amount of foreign assignment allowance received for the services rendered outside India by way of (Travel Currency Card) TCC abroad is not taxable in India.

Principal amount taken for trading purpose when waived off results in income

July 8, 2023 630 Views 0 comment Print

ITAT Hyderabad held that waiver of the principal amount, which was taken for trading purpose, which is credited to the profit & loss account results in income in the hands of assessee and accordingly taxable.

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