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Section 270A

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Penalty for Concealment of Income, Section 270A of Income Tax Act

Income Tax : Discover the implications of Income Tax Act Section 270A and penalties for under-reporting or misreporting income. Learn calculati...

June 19, 2024 4422 Views 0 comment Print

From Side Hustle to Tax Puzzle: A Freelancer’s Guide to Taxes

CA, CS, CMA : Discover the complexities of tax compliance for freelancers and gig workers, from understanding income sources to navigating legal...

June 8, 2024 1299 Views 3 comments Print

How Penalty Under Section 270A Can Be Avoided

Income Tax : Learn how to avoid penalties under Section 270A of the Income Tax Act through understanding its provisions and utilizing Section 2...

April 9, 2024 5454 Views 0 comment Print

Wrong Income Tax Refund Claims: Consequences & Remedies

Income Tax : Explore the consequences of making incorrect income tax refund claims and the associated legal ramifications. Understand the penal...

August 20, 2023 4143 Views 0 comment Print

Section 270AA- An option to avoid penalty implications in case of under-reporting and mis-reporting of income

Income Tax : Explore the provisions of Section 270AA, offering a strategic avenue for assessees to avoid penalties for under-reporting or mis-r...

November 17, 2022 16206 Views 0 comment Print


Latest Judiciary


ITAT allows Food and Liquor Costs incurred for Business Meetings

Income Tax : Read the detailed analysis of ITAT Delhi's decision in Rhine Energy LLP vs Assessment Unit, allowing expenses on Buffet Dinner, Li...

July 16, 2024 264 Views 0 comment Print

Delhi ITAT Rules No Tax on Technical Services to AE Without PE in India

Income Tax : Read the full text of the Delhi ITAT order on Denso (Thailand) vs ACIT, discussing tax liability for technical services under Indi...

June 20, 2024 447 Views 0 comment Print

ITAT quahses Section 270A Penalty Despite Non-Filing of Return for Capital Gains on Property

Income Tax : Understand the implications of the Parulben Vijaykumar Patel vs ITO case from ITAT Ahmedabad. Detailed analysis and conclusion pro...

June 15, 2024 927 Views 0 comment Print

Taxability of secondment receipts: ITAT deletes Section 271(1)(c) & 270A Penalty

Income Tax : Discover the ITAT Bangalore ruling on IBM Canada Limited vs. DCIT, where salary reimbursements of seconded employees were deemed n...

June 9, 2024 1116 Views 0 comment Print

National Faceless Assessment Centre was Prescribed Income tax Authority for issuance of notice u/s 143(2)

Income Tax : Assessee was a commercial bank having its head office in France and had 8 branches in India. Assessee was involved in normal banki...

June 6, 2024 1614 Views 0 comment Print


Arm’s Length Price of Employee Stock Option Plan cannot be taken as NIL

October 20, 2023 684 Views 0 comment Print

ITAT Mumbai held that Arm’s Length Price (ALP) of Employee Stock Option Plan (ESOP) cannot be taken as NIL. Accordingly, matter set aside with direction to re-compute ALP and transfer pricing adjustment.

Amount for use of transponder of telecommunication service charges doesn’t qualify as royalty

October 19, 2023 525 Views 0 comment Print

Held that the amounts received for the use of transponder of tele-communication service charges are not royalty under section 9(1)(vi) of the Income Tax Act and also under Article 12(8) of Indo Netherland DTAA.

Receipts taxable under FTS/FIS on failure to prove basis of cost allocation

October 16, 2023 747 Views 0 comment Print

ITAT Mumbai held that receipts taxable under Fees for Technical/ Included Services (FTS/FIS) as assessee failed to prove that it is actual reimbursement as there is no basis of allocation or actual cost incurred for affiliates.

Confirmation of addition by CIT(A) in absence of any evidence u/s 69A justified

October 14, 2023 1107 Views 0 comment Print

ITAT Raipur held that confirmation of addition under section 69A of the Income Tax Act towards unexplained money by CIT(A) in absence of any evidence justified as assessee adopted lackadaisical approach and evaded from participating in proceedings before CIT(A).

RPM is most appropriate for Benchmarking Imported Men’s Wear Resale Transactions

October 12, 2023 285 Views 0 comment Print

ITAT Mumbai held that Retail Sale Price Method (RPM) is the most appropriate method for benchmarking the international transaction of ‘import of men’s wear for resale’ between Celio Future Fashion Pvt. Ltd. and its associated enterprises.

TP adjustment deleted as ALP of ESOP expenses cannot be taken as NIL

October 11, 2023 1041 Views 0 comment Print

ITAT Mumbai held that TP adjustment in respect of international transaction of reimbursement of Employee Stock Option Plan (ESOP) Expenses deleted as Arm’s Length Price (ALP) of ESOP expenses cannot be taken as NIL.

Penalty u/s 270A unsustainable as non-declaration cannot be equated as underreporting of income

October 11, 2023 1803 Views 0 comment Print

ITAT Mumbai held that penalty under section 270A of the Income Tax Act unsustainable as non-declaration of interest on income tax refund was bona fide and cannot be said to be underreporting of income.

TP Adjustment for AMP Expenditure deleted due to Lack of Brand Promotion Agreement with AE

October 9, 2023 279 Views 0 comment Print

ITAT Mumbai held that there was no express arrangement / agreement between the assessee and the AE for incurring advertisement, marketing and promotional expenses (AMP) to promote the brand of the AE and hence the said transactions would not constitute international transaction relating to AMP expenditure. Thus, TP adjustment deleted.

Penalty u/s 270A not imposable in absence of any malafide intention to claim excess deduction

October 6, 2023 1632 Views 0 comment Print

ITAT Delhi held that imposition of penalty under section 270A of the Income Tax Act unsustainable in absence of any malafide intention on the part of the assessee to claim excess deduction under section 32AC of the Income Tax Act.

No Section 14A Disallowance of Expenditure for Stock-in-Trade Securities

September 30, 2023 576 Views 0 comment Print

ITAT Mumbai grants relief to Central Bank of India, disallowing expenditure under Section 14A for securities held as stock-in-trade, citing the Maxopp Investment Ltd case.

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