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ITAT Visakhapatnam

ITAT allows Foreign Tax Credit as ITR & Form 67 filed within extended due date

May 3, 2023 2223 Views 0 comment Print

Foreign Tax Credit allowable as assessee filed return of income & statement in Form-67 within due dates as extended by Finance Ministry

Export entitlements is an income assessable under Profits or gains from business or profession

April 25, 2023 2877 Views 0 comment Print

ITAT Visakhapatnam held that the export entitlements is an income assessable under the head profits or gains from business or profession as per clause (iiib) and (iiid) to section 28 of the Income Tax Act, 1961.

Sub-letting rental income taxable under ‘income from other sources’

April 14, 2023 19764 Views 0 comment Print

ITAT Visakhapatnam held that rent received from sub-letting the property is taxable under the head ‘income from other sources’ and not under the head ‘income from house property’.

Transfer Pricing: For outbound loans LIBOR rate should be adopted but not PLR of Indian Banks

February 4, 2023 2451 Views 0 comment Print

3F Industries Limited Vs ACIT (ITAT Visakhapatnam) The ALP is to be determined on an international transaction ie., on the international loan and not for the domestic loan. Therefore, the comparable in respect of foreign currency loan in international market is LIBOR based and which is internationally recognized and adopted. In the assessee’s own case […]

Conversion of share application money by allotting shares at subsequent date without change in shareholding pattern doesn’t attract section 56(2)(viia)

February 1, 2023 1389 Views 0 comment Print

ITAT Visakhapatnam held that merely by converting the share application money by allotting shares at a subsequent date cannot attract the provisions of section 56(2)(viia) of the Income Tax Act 1961 as there is no change in the shareholding pattern subsequent to the allotment of shares by the subsidiary company.

Invoking provisions of section 56(2)(vii)(b) unsustainable as civil suit filed before District Judge

January 5, 2023 1326 Views 0 comment Print

ITAT Visakhapatnam held that civil suit is filed before the Hon’ble District Judge accordingly the matter is squarely covered as exception as per proviso to section 56(2)(vii)(b) of the act and accordingly we hold that there is no case for invoking the provisions of section 56(2)(vii)(b).

Liquidated damages not fall under the purview of Tonnage Tax

November 5, 2022 555 Views 0 comment Print

ITAT Visakhapatnam held that liquidated damages are incidental business income but cannot be said to be profit from core or incidental activity. As there are not directly received from the core activity, they doesnt form part of computation in tonnage tax.

ITAT direct AO to estimate net profit at 3% on gross contract receipts of transport operator

October 6, 2022 2970 Views 0 comment Print

Raghavendra Lorry Services Vs DCIT (ITAT Visakhapatnam) We find from the order of the Ld. AO, the Ld.AO has followed the directions of the CIT and has estimated the income @ 15% on the gross receipts without allowing the depreciation. It was also found from the submissions of the Ld. AR that the  assessee a partnership […]

Section 11 exemption claimable on restoration of section 12A registration

October 4, 2022 1242 Views 0 comment Print

ITAT find that since registration is restored by ITAT, the assessee is entitled for claiming deduction U/s. 11 in impugned assessment year

Order Passed By AO not Erroneous if passed After Duly Examining Claim of Assessee

October 3, 2022 1101 Views 0 comment Print

Where Assessing Officer, after following directions of Principal Commissioner regarding examining of claim made by assessee for exemption under section 54F, passed an assessment order under section 143(3) read with section 263 holding that assessee was eligible for exemption as it held only one residential property during year, subsequent revision order passed by Principal Commissioner setting aside impugned assessment order as erroneous and prejudicial to interest of revenue was to be quashed

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