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Income Tax Appellate Tribunal

Latest Articles


Income Tax Appellate Tribunal – An Introduction

Income Tax : Learn all about the Income Tax Appellate Tribunal. Find out about appealable orders, time-limits, and the composition of the Tribu...

January 14, 2020 24123 Views 1 comment Print

Consistency, Uniformity & Equality in Filing of Appeals against Appellate Orders before Higher Forums

Income Tax : It is often seen that some Appellate orders in Vat/Income Tax/Excise/Service Tax are accepted by the Administrative Authorities wh...

February 17, 2015 675 Views 0 comment Print

Payment made outside India taxable if deal has links with India

Income Tax : The Income-tax department can tax even a payment made to a foreign entity outside India, if the transaction has a business connect...

May 29, 2010 786 Views 0 comment Print

In order to determine the arm’s length price of the international transaction, the arm’s length margin should be applied only on the international transaction

Income Tax : The Mumbai Bench of the Income-tax Appellate Tribunal (‘Tribunal’) in the case of T Two International Pvt. Ltd., Tara Jewels E...

May 29, 2010 534 Views 0 comment Print


Latest News


SC to decide whether to treat interest on DoT dues as operating expenditure

Income Tax : The Supreme Court will decide whether the interest paid on overdues to the Department of Telecom (DoT) can be treated as operating...

April 20, 2011 738 Views 0 comment Print

Govt likely to challenge ITAT ruling on Bofors case

Income Tax : The government is likely to challenge the Income Tax Appellate Tribunal ruling on Bofors case in the Delhi High Court for its rema...

February 10, 2011 441 Views 0 comment Print

Transfer of Members of Income Tax Appellate Tribunal (Oct 2010)

Income Tax : the following Members of the Tribunal are hereby transferred in public interest, in the same capacity, to the Bench/es of the Inco...

October 20, 2010 436 Views 0 comment Print

FM calls for concrete steps to recover Rs 38K cr tax arrears

Income Tax : Concerned over Rs 38,000 crore in tax revenue being locked up in legal disputes, Finance Minister Pranab Mukherjee today asked the...

September 3, 2010 583 Views 0 comment Print

Rs. 12,000 crore tax demands locked on account of disputes pending at various courts

Income Tax : Over Rs 12,000 crore in tax demands was locked on account of disputes, pending resolution at various courts, as on June 30, 2010, ...

August 14, 2010 531 Views 0 comment Print


Latest Judiciary


AO cannot make changes in accounts certified under Companies Act for Computing book profit

Income Tax : In the cited case, ITAT held that the Assessing Officer does not have power to embark upon the fresh enquiry with regard to the en...

October 5, 2015 2134 Views 0 comment Print

Disallowance of interest on presumption of use in capital work-in-progress not sustainable

Income Tax : In case of JCIT vs. Riddhi Siddhi Gluco Biols Ltd. The Ahmedabad tribunal has held that Interest free funds available with assess...

October 3, 2015 2777 Views 0 comment Print

Deduction U/s. 10A cannot be disallowed for mere belated receipt of export proceeds

Income Tax : In case of ITO VS. M/s.Testree Solutions Pvt. Ltd, ITAT Bangalore held that the export proceeds received after the expiry of the p...

October 3, 2015 1688 Views 0 comment Print

No addition for expense shown in projected P&L A/c without showing corroborative evidences

Income Tax : In the case of DCIT vs. M/s. Vaghasia Associates, ITAT Ahmedabad held that merely because some estimated labour payment was writte...

October 3, 2015 795 Views 0 comment Print

Wealth Tax Exemption for Commercial property available if used for business by others

Income Tax : In case of ACIT vs. M/s. Prasad Machinery Pvt. Ltd. (ITAT Ahmedabad) assessee was owner of factory building. It allotted certain ...

October 3, 2015 2358 Views 0 comment Print


Latest Posts in Income Tax Appellate Tribunal

Income Tax Appellate Tribunal – An Introduction

January 14, 2020 24123 Views 1 comment Print

Learn all about the Income Tax Appellate Tribunal. Find out about appealable orders, time-limits, and the composition of the Tribunal.

AO cannot make changes in accounts certified under Companies Act for Computing book profit

October 5, 2015 2134 Views 0 comment Print

In the cited case, ITAT held that the Assessing Officer does not have power to embark upon the fresh enquiry with regard to the entries made in the books of accounts of the Company when the accounts of an assessee Company is prepared in terms of Part II Schedule VI

Disallowance of interest on presumption of use in capital work-in-progress not sustainable

October 3, 2015 2777 Views 0 comment Print

In case of JCIT vs. Riddhi Siddhi Gluco Biols Ltd. The Ahmedabad tribunal has held that Interest free funds available with assessee was much more than the interest free loan given by the assessee. A.O made proportionate disallowance merely on the presumption that the proportionate borrowed money must have been utilized for investment in capital work-in-progress. Relying on decision

Deduction U/s. 10A cannot be disallowed for mere belated receipt of export proceeds

October 3, 2015 1688 Views 0 comment Print

In case of ITO VS. M/s.Testree Solutions Pvt. Ltd, ITAT Bangalore held that the export proceeds received after the expiry of the period of six months from the end of the relevant previous year was to be allowed as a deduction u/s 10A .

No addition for expense shown in projected P&L A/c without showing corroborative evidences

October 3, 2015 795 Views 0 comment Print

In the case of DCIT vs. M/s. Vaghasia Associates, ITAT Ahmedabad held that merely because some estimated labour payment was written on the projected profit & loss account, the addition for unexplained expenditure cannot be made.

Wealth Tax Exemption for Commercial property available if used for business by others

October 3, 2015 2358 Views 0 comment Print

In case of ACIT vs. M/s. Prasad Machinery Pvt. Ltd. (ITAT Ahmedabad) assessee was owner of factory building. It allotted certain space therein to its sister concern for enabling it to carry on their business in lieu of charging rent.

Functionally dissimilar company cannot be considered as comparable for computation of ALP

October 3, 2015 837 Views 0 comment Print

In case of M/s. AT & T Global Business Services India Pvt.Ltd. VS. ITO , assessee-company, engaged in business of software development and providing application services to its AE. TPO on basis of mean margin earned by his own set of comparables

Consistency, Uniformity & Equality in Filing of Appeals against Appellate Orders before Higher Forums

February 17, 2015 675 Views 0 comment Print

It is often seen that some Appellate orders in Vat/Income Tax/Excise/Service Tax are accepted by the Administrative Authorities while in other SIMILAR matters Appeals are  filed in the Higher Forums i.e. Tribunals/High Courts. Are these arbitrary actions of the Administrative Officials justifiable?

Transfer Pricing – Scope of +/- 5% tolerance adjustment to ALP explained

April 30, 2013 9609 Views 0 comment Print

From the above second proviso to Section 92C(2), it is evident that if the variation between the arm’s length price and the price at which international transaction was actually undertaken does not exceed the specified percentage, then only the price at which the international transaction has actually been undertaken shall be deemed to be arm’s length price. Thus, the benefit of tolerance margin would be available only if the variation is within the tolerance margin. Once the variation exceeded the tolerance margin, then there would be no benefit even up to tolerance margin. Then, the ALP as worked out under Section 92C(1) shall be taken as ALP without any benefit of tolerance margin.

SC to decide whether to treat interest on DoT dues as operating expenditure

April 20, 2011 738 Views 0 comment Print

The Supreme Court will decide whether the interest paid on overdues to the Department of Telecom (DoT) can be treated as operating expenditure by operators. A three-judge bench has admitted a petition filed by Vodafone Essar Gujarat and decided to adjudicate whether such interest could be treated as operating expenditure.

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