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Category: ITAT

Sec 54 – Date of possession of new property is to be considered in the case of constructed property: ITAT Mumbai

19 May, 2024 admin

Sec 54 of Income Tax Act - Date of possession of new property is to be considered in the case of constructed property: ITAT Mumbai Sunil Amritlal Shah & Rita Sunil Shah (ITA No.4069 &…

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Legal precedents on Ad- Hoc Disallowances

3 May, 2024 admin

Legal precedents on Ad- Hoc Disallowances: A. Examples of ad hoc disallowances made by the Assessing Officer: 1. Disallowances of 10 % of miscellaneous expenses merely because no break up / supporting voucher of miscellaneous…

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Excessive or unreasonable salary, is a sine qua non in invoking the provision of Sec 40A(2)(b): ITAT Ahmedabad

3 May, 2024 admin

Excessive or unreasonable salary, is a sine qua non in invoking the provision of Sec 40A(2)(b): ITAT Ahmedabad M S Hostel verses Deputy Commissioner of Income Tax Case Number: I.T.A. No. 614/Ahd/2023 Facts: 1. During…

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Notional interest income cannot be taxable under the real income principle: Mumbai ITAT

3 May, 2024 admin

Notional interest income cannot be taxable under the real income principle: Mumbai ITAT ACIT verses Kesar Terminals and Infrastructure Ltd. Case Number: I.T.A. No. 3001/Mum/2023 Facts: 1. During the year under consideration, the assessee had…

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TDS exemption is available U/S 194C in case of a declaration, even when the transporter is not the owner: ITAT Jodhpur

4 March, 2024 admin

TDS exemption is available U/S 194C in case of a declaration, even when the transporter is not the owner: ITAT Jodhpur Adhunik Khanan VA Parivahan Theka Sahakari Samiti Limited Vs. ITO (ITA Nos. 177 to…

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Whether agri operations on leased land be eligible for exemption under Income Tax Act?

19 February, 2024 admin

Whether agri operations on leased land be eligible for exemption under Income Tax Act? Introduction: 1. Agriculture income earned by individuals and HUF is exempt under the Sec 10(1) of the Income Tax Act. This…

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ITAT upholds cap-gain exemption to Mauritius entity, for shares acquired prior to April 1, 2017

15 February, 2024 admin

ITAT upholds cap-gain exemption to Mauritius entity, for shares acquired prior to April 1, 2017 Comstar Mauritius Ltd (ITA No. 1529/Mum/2023) Facts: 1. Assessee filed an appeal for the assessment year 2018-19 against a revisionary…

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Receipt from sale of software as an end user is not taxable as Royalty: ITAT

14 February, 2024 admin

Receipt from sale of software as an end user is not taxable as Royalty: ITAT ACIT,Circle-2(2),International Taxation, New Delhi Vs. Newspage Pvt Ltd (ITA 1992 / DEL / 2022) Facts: 1. The appeal was filed…

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ITAT case on salary earned by the non resident outside India – Devi Dayal vs DCIT, 2024, Delhi ITAT

10 February, 2024 admin

ITAT case on salary earned by the non resident outside India Devi Dayal vs DCIT, 2024, Delhi ITAT (ITA Nos. 835 & 836/Del/2023) Facts: 1. The Appellant was deputed to work in a project awarded…

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No Income Tax in India for salary earned by a Korean Resident outside India: ITAT Delhi

25 January, 2024 admin

No Income Tax in India for salary earned by a Korean Resident outside India: ITAT Delhi Amit Laroya Vs ACIT (ITA No.1457/Del/2022) Facts: 1. Amit Laroya, the appellant, challenged the decision of the Commissioner of…

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