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Category: Income Tax Tribunal

ArticleIncome Tax ArticleIncome Tax Tribunal

Expenditure incurred during the interval period of setting up of a new business and its commencement can be allowed as deduction

byCA Bimal Jain26/12/202226/07/2026

The ITAT, Pune in Messung Systems Private Limited v. ITO [ITA No.683/PUN/2018 dated November 7, 2022] partly allowed the appeal of the assessee against the order passed by the Revenue Department holding that the expenses incurred for pre- operative nature…

GST ArticleIncome Tax Tribunal

Entire amount cannot be added to income when assessee is not able to prove the genuineness of the party

byCA Bimal Jain24/12/202224/12/2022

The ITAT, Ahmedabad in the case of M/s. Accra Pac (India) Pvt. Ltd. v. D.C.I.T [ITA No. 514/Ahd/2018 dated November 07, 2022], partially allowed the appeal of the assessee against the order passed by the Revenue Department confirming the addition…

GST ArticleIncome Tax ArticleIncome Tax Tribunal

Personal savings of a government employee cannot be suspected for several years

byCA Bimal Jain17/12/202217/12/2022

The Income Tax Appellate Tribunal, Ahmedabad Bench (“the ITAT”) in PiyushbhaiMangalbhai Patel Vs Income Tax Officer [I.T.A. No.198/Ahd/2020 dated October 28, 2022] has deleted the addition of Rs. 12,70,000/- observing that the personal savings of government employees could not be…

GST ArticleIncome Tax Tribunal

Interest income need not to be assessed when assessee is a Non-resident

byCA Bimal Jain15/12/202215/12/2022

The Income Tax Appellate Tribunal, Mumbai (“the ITAT”) in the case of JCIT v. Rahul Rajnikant Parikh [I.T.A. No. 638,639,640/Mum/2022 dated October 20, 2022] held that the interest income need not be assessed when assessee is a Non-resident.

GST ArticleIncome Tax Tribunal

Non-mentioning of DIN will invalidate the revision order for violation of procedure as per CBDT’s Circular

byCA Bimal Jain15/12/202215/12/2022

The Income Tax Appellate Tribunal, Bangalore (“the ITAT”) in the case of Shri H K Suresh v. Principal Commissioner of Income Tax [ITA No.625/Bang/2021 dated December 06, 2022] held that non- mentioning of Document Identification Number (“DIN”) as per the…

GST ArticleIncome Tax Tribunal

Payment received from Freight/Logistic Support Service cannot be treated as Royalty under IT Act, 1961

byCA Bimal Jain15/12/202215/12/2022

The payment received in India for providing logistics support services cannot be treated as royalty under Section 9(1)(vi) or fees for technical services under section 9(1)(vii) of the Income Tax Act, 1961 (“the IT Act”).

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