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Section 234D

Latest Articles


FAQs on interest under section 234A, 234B, 234C and 234D

Income Tax : All about interest under sections 234A, 234B, 234C, and 234D of the Income Tax Act, including when it is charged, rates, and calcu...

August 23, 2024 3315 Views 0 comment Print

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 14646 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 6255 Views 0 comment Print


Latest Judiciary


Loan taken and repaid through banking channels cannot be added u/s. 68: ITAT Ahmedabad

Income Tax : ITAT Ahmedabad held that addition towards unexplained cash credit under section 68 of the Income Tax Act not justified since loan ...

January 20, 2025 552 Views 0 comment Print

Hire Charges of vessel did not constitute ‘Royalty’ under India-Singapore DTAA as it was business income

Income Tax : Hire charges of a vessel did not constitute ‘Royalty’ as it was in the nature of business income and as there was no Permanent...

January 4, 2025 351 Views 0 comment Print

ITAT Delhi Allows Set-Off of Accumulated Deficit Against Current Year Surplus

Income Tax : In a recent ruling ITAT Delhi relied upon the binding precedent of the Hon’ble Supreme Court of India in the case of CIT vs. Sub...

January 3, 2025 438 Views 0 comment Print

Assessee can confine settlement of disputed which are subject matter of appeal under DTVSV Act

Corporate Law : Delhi High Court held that assessee is entitled to confine the settlement of disputes which were subject matter of its appeal file...

December 18, 2024 222 Views 0 comment Print

Curable defects in Form 35A: ITAT Ahmedabad remands case to DRP

Income Tax : ITAT Ahmedabad remands case to DRP, allowing appeal on the grounds of curable defects in Form 35A submitted by Rajendra Ramjibhai...

October 31, 2024 309 Views 0 comment Print


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

September 15, 2023 522 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 780 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 1752 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.

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

August 10, 2023 432 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 1503 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 861 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 405 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 1638 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 1872 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 1002 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.

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