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Judiciary

AOs failed to complete Assessment within time limit: Deposited Amounts cannot be retained

March 19, 2024 402 Views 0 comment Print

Delhi High Court rules that Income Tax Officer cannot withhold taxpayer’s deposited amount without framing final assessment order during stay period. Full judgment analysis.

Direction of DRP should be followed by TPO for calculation of TP adjustment: ITAT Kolkata

March 19, 2024 354 Views 0 comment Print

ITAT Kolkata held that TPO should follow the direction of Hon’ble Dispute Resolution Panel (DRP). Accordingly, matter to the file of ld. TPO/AO for further calculation of TP adjustment by considering the direction of the Hon’ble DRP.

Reopening of assessment u/s. 148 based on reason to suspect is unsustainable-in-law: ITAT Delhi

March 19, 2024 1293 Views 0 comment Print

ITAT Delhi held that reopening of assessment under section 148 of the Income Tax Act based on reason to suspect unsustainable as AO failed to demonstrate live link between tangible material and formation of reason to believe that income had escaped assessment.

Tax Recovery Officer doesn’t have jurisdiction to declare sale of property as void: Madras High Court

March 19, 2024 462 Views 0 comment Print

Madras High Court held that Tax Recovery Officer cannot declare sale made by the assessee in favour of 3rd party as void. It is the function of civil court to declare a transaction as null and void and the Tax Recovery Officer cannot exercise the said function.

ITAT directs AO to Re-Adjudicate disallowance of Demonetization Cash Deposits

March 19, 2024 384 Views 0 comment Print

Bangalore ITAT’s ruling on cash deposits during demonetization raises questions on verification methods. Learn about the case between ITO and Shri Chatrapati Shivaji.

Deemed dividend u/s 2(22)(e) assessable in hands of beneficial shareholder having substantial interest: ITAT Kolkata

March 19, 2024 486 Views 0 comment Print

Apeejay Surrendra Management Services Pvt Ltd Vs DCIT (ITAT Kolkata) ITAT Kolkata held that deemed dividend under section 2(22)(e) of the Income Tax Act can be added in the hands of beneficial shareholder who is having controlling interest (substantial interest). Facts- Assessee is engaged in the business of Brand Owning and Consultancy. During the year […]

ITAT Allows ESOP Expenditure claimed Within Section 139(5) Time Limit

March 19, 2024 477 Views 0 comment Print

Read the detailed analysis of Fortune Park Hotels Ltd vs. ACIT case where ITAT Delhi allowed deduction of ESOP expenses claimed within the prescribed time limit.

Physical rendition of service in India required as virtual service PE not considered under India-Singapore DTAA: ITAT Delhi

March 19, 2024 399 Views 0 comment Print

ITAT Delhi held that there is no provision regarding establishment of virtual service PE under India-Singapore DTAA and hence physical rendition of service in India is required under India-Singapore DTAA as per present service PE.

Co-Op society eligible for section 80P(2)(a)(i) deduction on compulsory investment with Central Co-op Bank  

March 19, 2024 612 Views 0 comment Print

In the case of Kalika Parameswari Co-op Society vs. ITO, ITAT Bangalore allows deduction under Section 80P(2)(a)(i) for interest income from cooperative bank investments.

I&B Code Proceedings and Moratorium Render Appeals Invalid

March 19, 2024 267 Views 0 comment Print

Learn about the ITAT Mumbai ruling that prohibits filing appeals during a moratorium under section 14 IBC, as seen in the case of Kaushal Silk Mills Pvt. Ltd. vs ITO.

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