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Judiciary

ITAT Directs 25% Profit Estimate on Milk Product Sales During Demonetisation

September 5, 2023 627 Views 0 comment Print

Analysis of ITAT Chennais decision in the case of DCIT Vs Kannan Rajendra Babu, directing a 25% profit estimation on income from sale of milk products during the 2016 demonetization period.

ITAT Hyderabad allows 60% Depreciation on Computer Peripherals

September 5, 2023 468 Views 0 comment Print

Analysis of ITAT Hyderabads decision on ACIT Vs Owens Cornings Industries, focusing on 60% depreciation eligibility for computers and peripherals under the Income Tax Act, 1961.

AO cannot tax Income as FTS without interpreting relevant Article of DTAA

September 5, 2023 444 Views 0 comment Print

An in-depth analysis of the ITAT Chennai’s decision on ITO vs Eshakti Com Pvt Ltd, focusing on the deletion of disallowance under section 40(a)(i) of the Income Tax Act.

TDS Not Applicable on SIM/Mobile Recharge Card Discounts: ITAT Kolkata 

September 5, 2023 1353 Views 0 comment Print

Analysis of ITAT Kolkata ruling in Nabirul Islam Vs DCIT, stating that TDS is not applicable on discounts given to retailers on sale of prepaid SIM cards or mobile recharge cards.

Income Once Taxed as House Property Can’t Be Stray-Taxed as Business Income Later

September 5, 2023 771 Views 0 comment Print

An in-depth analysis of the ITAT Delhi case between ACIT and International Recreation Parks. Learn why income taxed as house property can’t be taxed as business income later.

Employee Departure Justifies E-notice Non-Compliance: ITAT

September 5, 2023 363 Views 0 comment Print

Egis International S.A. Vs ACIT (ITAT Delhi) The Income Tax Appellate Tribunal (ITAT) Delhi recently adjudicated a noteworthy case involving Egis International S.A. and Assistant Commissioner of Income Tax (ACIT). The core issue revolved around whether non-compliance with an e-notice, due to the concerned employee leaving the company, could be considered a “reasonable cause.” The […]

AO Can’t Make Tax Addition Based on Mere DDIT Suspicion Without Evidence

September 5, 2023 894 Views 0 comment Print

An in-depth analysis of ITAT Mumbai’s landmark decision in the case of ITO vs Kamalesh Mohandas Lakhwani. Explore why mere suspicion isn’t enough for additions under Section 69B of the Income Tax Act.

Dismissal of appeal by Tribunal without hearing matter on merits unjustified

September 5, 2023 621 Views 0 comment Print

Bombay High Court held that dismissal of appeal without hearing the case on merits merely on the ground that matter is remanded back by Commissioner (A) unjustified as remand was only for limited purpose of re-quantification of customs duty.

Exemption u/s. 54 unjustified as benefit claimed on different document and later transaction completed differently

September 5, 2023 717 Views 0 comment Print

ITAT Mumbai held that assessee claimed benefit u/s 54 on a different document, whereas ultimately the transaction completed on altogether a different set of conditions and property, which is not permissible to claim benefit u/s. 54 of the Act. Accordingly, benefit u/s. 54 denied.

Royalty or technical charges income of non-resident taxable in India on receipt basis under India-Switzerland DTAA

September 5, 2023 663 Views 0 comment Print

ITAT Bangalore held that in case of non-resident, income arising in India by way of royalties or technical charges could be taxed in India but that could be only on the receipt basis under India-Switzerland DTAA and not on accrual basis.

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