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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


Disaster recovery playout services and up-linking services are not in nature of FTS under India-Singapore DTAA

August 10, 2023 402 Views 0 comment Print

ITAT Delhi held that receipts from disaster recovery playout services and disaster recovery up-linking services are not in the nature of Fee for Technical Service (FTS) as envisaged under Article 12(4)(a) of India-Singapore DTAA.

Allowability of Interior Decoration Work in Rented Office as Revenue Expenditure

August 7, 2023 1362 Views 0 comment Print

ITAT Kolkata held that expenditure incurred towards interior decoration work of a rented office premises is allowable as revenue expenditure. Accordingly, disallowance of such expenditure unjustified.

Post existence of PE, expense incurred by PE can be set off against connected income

June 26, 2023 795 Views 0 comment Print

ITAT Delhi held that as Permanent Establishment (PE) exists, interest income being connected to the PE, has to be treated as business profit under Article 7 of the treaty. Accordingly, expenses incurred has to be set off against the interest income.

Sections 234A to 234D interest is Consequential & Mandatory: ITAT Chennai

June 20, 2023 345 Views 0 comment Print

ITAT Chennai ruling on consequential and mandatory nature of interest under sections 234A to 234D in case of Iljin Automotive Pvt Ltd vs DCIT

Legal and professional expenses relating to business is revenue in nature

June 8, 2023 1437 Views 0 comment Print

ITAT Bangalore held that legal and professional charges being incurred towards business are allowable as revenue expenditure.

Taxing under capital gain can be burdened only when cost of acquisition is established

May 27, 2023 1764 Views 0 comment Print

ITAT Delhi held that to burden assessee with capital gain arising out of transfer of immovable property or an interest in it, the cost of acquisition is necessarily to be established. Here, cost of acquisition of so called right of preemption is considered as NIL. Hence, computation provisions fail, therefore capital gains could not have been calculated.

Assessment order passed on a non-existent company is null and void

May 24, 2023 888 Views 0 comment Print

ITAT Ahmedabad held that draft assessment order u/s 143(3) read with section 144C of the Income Tax Act passed on a non-existent company is null and void.

Interest under section 234D of the Income Tax Act

August 10, 2021 14292 Views 1 comment Print

Due to any reason, in case the income tax department makes an excess refund to the taxpayer. Such taxpayer will have to return the excess refund along with interest payable under section 234D of the Income Tax Act. The present article helps to simplify the interest provisions of said section 234D read will rule 119A […]

Section 234D Interest with other relevant aspects

January 16, 2021 5916 Views 0 comment Print

Section 234D in Income Tax Act, 1961 was introduced in the act to cover those situations where the refund was issued to the assessee according to intimation U/s 143(1) & later on it was discovered post Scrutiny Assessment that the assessee wasn’t eligible for refund or amount of refund was more than amount refunded after […]

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