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Judiciary

ITAT Upholds Denial of Section 35(1)(ii) Deduction for Donations to Trust Issuing Bogus Bills

February 13, 2024 627 Views 0 comment Print

ITAT Ahmedabad dismisses Haresh Acids and Chemicals Pvt Ltd’s appeal, rejecting deduction under Section 35(1)(ii) for bogus donation bills, emphasizing legal compliance.

Section 56(2)(viib) Inapplicable for Share Allotment at Premium by Subsidiary to Holding Company

February 13, 2024 1245 Views 0 comment Print

ITAT Delhi dismisses Revenue’s appeal, confirming that share premium from a holding company’s equity shares does not fall under Section 56(2)(viib) of the Income Tax Act.

Holding Shares in a Subsidiary by a Holding Company is not ‘Supply of Service

February 13, 2024 1215 Views 0 comment Print

Karnataka High Court clarifies that holding shares in a subsidiary doesn’t constitute a ‘supply of service’ under GST, impacting the Yonex India case.

Unaccounted Sales’ Net Profit Rate Must Be Justifiable, Not Adhoc: ITAT Rajkot

February 13, 2024 915 Views 0 comment Print

ITAT Rajkot rules in favor of Conor Granito P. Ltd., setting a justifiable net profit rate on unaccounted sales based on business nature, dismissing Revenue’s appeal for a higher rate.

Proviso to sec. 2(15) conditions to be fulfilled as publishing advertisement intrinsically linked with activity of trust

February 13, 2024 705 Views 0 comment Print

ITAT Mumbai held that the activity of the trust for publishing advertising in the newspaper is intrinsically linked for newspaper activity falls within the ambit of sub-clause (i) of Subsection 2(15) and conditions imposed in sub-clause (ii) of the proviso has to be fulfilled.

ITAT Ahmedabad Deletes Penalty for Income Escapement on income disclosed voluntarily

February 13, 2024 651 Views 0 comment Print

ITAT Ahmedabad rules in favor of Kapilaben Patel, deleting the penalty under Section 271(1)(C) for undisclosed income, highlighting voluntary disclosure’s importance.

Commencement of Activities Before 80G(5) Application Doesn’t Bar Future Tax Benefits

February 13, 2024 792 Views 0 comment Print

ITAT Kolkata sets precedent by allowing a trust to seek Section 80G approval despite past activities, emphasizing the importance of provisional registration.

Profit Size Doesn’t prove Company Authenticity or Transactions in Penny Stock Cases

February 13, 2024 459 Views 0 comment Print

Kolkata ITAT upholds LTCG disallowance in Brajesh Narnolia Vs ITO, emphasizing that a company’s genuineness isn’t judged by the magnitude of profit.

Co-op Society’s Interest Income from Co-op & Scheduled Bank Deposits Eligible for 80P(2) Deductions

February 13, 2024 1431 Views 0 comment Print

Pune ITAT rules in favor of a Co-operative Society, affirming that interest income from Co-operative/Scheduled Banks qualifies for deduction under section 80P(2).

Subscription, professional and training services not FTS hence not taxable: ITAT Delhi

February 13, 2024 624 Views 0 comment Print

ITAT Delhi held that subscription, professional and training services rendered by the assessee do not fall within the definition of FTS under India-Netherland DTAA and, therefore, cannot be taxed in India.

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