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Section 234D

Latest Articles


Interest under section 234D of the Income Tax Act

Income Tax : Due to any reason, in case the income tax department makes an excess refund to the taxpayer. Such taxpayer will have to return the...

August 10, 2021 14292 Views 1 comment Print

Section 234D Interest with other relevant aspects

Income Tax : Section 234D in Income Tax Act, 1961 was introduced in the act to cover those situations where the refund was issued to the assess...

January 16, 2021 5916 Views 0 comment Print


Latest Judiciary


Foreign allowance for services rendered outside India is not taxable in India: ITAT Kolkata

Income Tax : ITAT Kolkata held that foreign allowance received by a non-resident outside India for services rendered outside India does not fal...

August 1, 2024 270 Views 0 comment Print

Agreement to sell coupled with possession constituted a valid transfer for Section 54

Income Tax : ITAT held that agreement to sell coupled with possession constituted a valid transfer for the purposes of claiming deduction under...

July 30, 2024 783 Views 0 comment Print

Receipts from Indian customers for services provided outside India relating to right to use of process not taxable: Delhi HC

Income Tax : Delhi High Court held that the receipts from Indian customers for services provided outside Indian Territory, in connection with u...

July 29, 2024 369 Views 0 comment Print

Section 270AA Penalty Immunity Application Cannot Be Rejected on Insufficient Grounds or Vague SCNs

Income Tax : Delhi High Court judgment on GE Capital vs. DCIT, distinguishing under-reporting and misreporting as separate offenses, resulting ...

June 13, 2024 687 Views 0 comment Print

ITAT upholds profit earned in foreign currency determined by Assessee under Rule 115

Income Tax : ITAT Mumbai rules in favor of Anurag Chandra, validating the method of declaring foreign profit after currency conversion. Additio...

June 7, 2024 654 Views 0 comment Print


Section 263: Revision unjustified as AO took possible view based on available records

January 18, 2024 510 Views 0 comment Print

ITAT Mumbai held that revision under section 263 of the Income Tax Act unjustified as AO while allowing the exemption in the order passed under section 144 r.w.s.263 has taken a possible view upon verifying the details available on record.

Physical fitness expenditure not incurred wholly and exclusively for profession duly disallowed

January 16, 2024 516 Views 0 comment Print

ITAT Hyderabad held that assessee being a film artist, physical fitness is a part and parcel of his profession, but it cannot be held to be incurred wholly and exclusively for the profession of the assessee. Hence, disallowance of physical fitness expenditure justifiable in law.

Section 54F Deduction Allowed for House in Parents’ Name by ITAT Delhi

January 4, 2024 12171 Views 0 comment Print

Read ITAT Delhi’s order on Rajiv Ghai vs. ACIT case. Deduction under section 54F allowed for house registered in parents’ name. Detailed analysis and conclusion.

Property Allotment Date is acquisition date for Capital Gain Computation: ITAT Mumbai

December 31, 2023 17061 Views 0 comment Print

Read ITAT Mumbai order setting property allotment date as acquisition date for capital gain computation. Details of D.K. Brothers vs. ITO case and implications.

Section : ITAT deletes reasonable Excess Jewelry Addition for Wealthy Assessee

November 3, 2023 1350 Views 0 comment Print

ITAT Delhi rules addition u/s 69A for excess jewelry during a search operation unsustainable as the assessee belonged to a wealthy family and received jewelry on occasions

TDS on rent reimbursement not deductible if no lessor & lessee relationship

October 3, 2023 3747 Views 0 comment Print

In a recent case, ITAT Kolkata ruled that TDS on rent reimbursement is not deductible if there is no lessor and lessee relationship, siding with McNally Bharat Infrastructure.

Long term capital gain and indexation accepted for one co-owner needs to be allowed for other co-owner too

September 27, 2023 909 Views 0 comment Print

ITAT Delhi held that once long term capital gain along with cost of acquisition and indexation accepted in the hands of one of the co-owner of the property, the same needs to be allowed/ accepted for other co-owner of the property too.

Higher rate of tax in case of foreign company is not in violation of non-discrimination clause

September 15, 2023 477 Views 0 comment Print

ITAT Mumbai held that rate of tax in case of foreign company is higher than rate of tax in case of domestic company and as per the Explanation in the Section 90, inserted in the IT Act with retrospective effect from 01-04-1962 the should not be regarded as violation of nondiscrimination clause.

Background screening receipts doesn’t qualify as Royalty/ FTS hence not taxable

September 14, 2023 564 Views 0 comment Print

ITAT Delhi held that receipts from background screening provided by the assessee to its customers in India cannot be regarded as Royalty or Fees for Technical Services (FTS) under Article 13 of the India-UK DTAA and hence not taxable in India.

Adoption of lower FMV based on DVO report unjustified as specific feature of property not considered

August 17, 2023 1512 Views 1 comment Print

ITAT Delhi held that there is no justification of adopting lower Fair Market Value (FMV) merely on the basis of DVO report as DVO has failed to consider the specific features of the property commanding higher value.

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