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Tag: ITAT

GST 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 Jain26/12/202226/12/2022

The ITAT, Pune in Messung Systems Private Limited v. ITO [ITA No.683/PUN/2018 dated November 7, 2022] partly allowed the appeal…

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…

GST ArticleIncome Tax Article

Interest paid on belated payments of service tax is allowable for deduction u/s 37(1) IT Act

byCA Bimal Jain20/12/202220/12/2022

The Income Tax Appellate Tribunal, Chennai (“the ITAT”) in Prince Holdings Madras (P) Ltd v. Deputy Commissioner of Income Tax…

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…

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…

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”).

GST Article

ITAT asks the Govt. to bring out a mechanism to ensure tax recovery from ARCs/Banks on the sale of security assets

byCA Bimal Jain12/12/202212/12/2022

The Income Tax Appellate Tribunal, Mumbai Bench (“the ITAT”) in the case of Abbasbhai A. Upletawala v. Income Tax Officer…

Income Tax Article

Only Profit element can be added to income, not sales amount

byCA Bimal Jain12/12/202212/12/2022

The Income Tax Appellate Tribunal, Jaipur (“the ITAT”) in the case of Mr. Nikhil Garg v. Income Tax Officer (ITA…

Judgment-Orders

ITAT Deletes Penalty for Delay In Filing Audit Reports Due To The Hospitalisation Of Accountant

byAdmin08/06/202208/06/2022

Facts and Issue of the case This appeal preferred by the assessee emanates from order of the ld. Commissioner of…

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