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ITAT Visakhapatnam

Provisions of section 2(15) doesn’t apply to corpus fund donation of a charitable institution

July 14, 2023 762 Views 0 comment Print

ITAT Visakhapatnam held that contributions received for charitable purpose cannot be treated as income u/s 2(24)(iia) of the Act and hence, the provision of section 2(15) do not apply to the corpus fund donations of a charitable institution.

Estimate of cost by Departmental Valuer cannot constitute concealment hence penalty u/s 271(1)(c) not leviable

July 14, 2023 636 Views 0 comment Print

ITAT Visakhapatnam held that mere estimate of cost by Departmental Valuer could not constitute material to concealment and therefore levy of penalty under section 271(1)(c) of the Income Tax Act is not valid.

Order passed without proper service of notice u/s 147/148 is liable to be quashed

June 30, 2023 4719 Views 0 comment Print

ITAT Visakhapatnam held that the requirement of both the issuance and service of such notice upon the assessee for the purposes of Section 147 and 148 of the Act are mandatory jurisdictional requirements. Order passed is liable to be quashed on account of non-service of notice u/s 147/148.

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

May 3, 2023 1926 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 2211 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 16194 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 1911 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 1113 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 972 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 420 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.

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