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Search results for: Income Tax Act

Delhi HC's Order for Azure Retreat Pvt Ltd

Delhi HC Permits Travel Expenses as It is Related to Business and Not Personal by Directors

The Delhi High Court has ruled that the directors’ travel expenses were incurred for business purposes of the company. In this case, the bench of Justice Rajiv Shakdher and Justice Girish Kathpalia observed that there was no evidence presented by the Assessing Officer (AO) to establish that these expenses were of a personal nature. Consequently, […]

Jodhpur ITAT’s Order for Sarla Singhvi Charitable

Jodhpur ITAT: No Additional Liability for Delayed Form 10 Filing When Favoured by CIT(E) for ITR U/S 139

No addition can be made for the delay in filing Form No. 10 within the due date of the Income Tax Return under Section 139 of the Income Tax Act, 1961 since the same is been condoned by the commissioner of the income tax (exemption), Income Tax Appellate Tribunal (ITAT) in Jodhpur ruled. The taxpayer, […]

Jodhpur ITAT's Order for Dinesh Infrastructure Private Limited

Jodhpur ITAT: Dept Can’t Charge Late Fees or Interest for TDS Based on the Intimation U/S 200A Before Amendment

The Income Tax Department lacks the authority to impose late fees and interest related to Tax Deduction at Source (TDS) as per the notification under Section 200A of the Income Tax Act, 1961, before the amendment of the law, the Income Tax Appellate Tribunal (ITAT), Jodhpur bench, has ruled. In this case, Dinesh Infrastructure Private, […]

Mumbai ITAT's Order for Cleartrip Private Limited

Mumbai ITAT Grants Relief to Cleartrip for Sales Promotion & Advertising Charges

The Income Tax Appellate Tribunal (ITAT), the Mumbai Bench, in its recent ruling, has recently granted approval to Cleartrip’s claim regarding their expenses on advertising and sales promotion. Cleartrip Private Limited, the assessee, had sustained costs related to advertisement and publicity. The Assessing Officer (AO) contended that since Cleartrip and its subsidiaries were engaged in […]

Delhi ITAT's Order for Amtech Engineers

Delhi ITAT: No TDS Payable U/S 194C in Case of Shifting Site Machine, Road Construction & Crane Hiring

The Delhi bench of the Income Tax Appellate Tribunal (ITAT) has ruled that Tax Deduction at Source (TDS) under Section 194C of the Income Tax Act, 1961 does not apply to casual labour expenses incurred for activities such as road construction, crane hiring, and site machine shifting. The entity in question, Amtech Engineers, is a […]

Banglore ITAT's Order For M/s. Knowledge Hut Solutions Pvt. Ltd

ITAT: Payments to Gateway Providers Do Not Come Under Brokerage Therefore No TDS Will Applicable

The payments made to gateway providers are not brokerage and TDS under Section 194H of the Income Tax Act,1961 is not liable to be deducted, the Bangalore Bench of Income Tax Appellate Tribunal (ITAT) said. The taxpayer M/s. Knowledge Hut Solutions Pvt. Ltd filed its income return for Assessment Year (A.Y) 2018-19 showing the total […]

Kolkata ITAT's Order for Ramky ECI JV

ITAT: TDS is Not Levy U/S 194C(2) If There is No Formal Agreement B/W JV & Members

The tax deducted at source under Section 194C(2) of the Income Tax Act, 1961 does not get levied if there is no contractual or sub-contractual relationship between the joint venture and its constituencies, the Kolkata bench of the Income Tax Appellate Tribunal (ITAT) ruled. The taxpayer Joint Venture (JV) was created via RAMKY Infrastructure Ltd […]

Bombay HC's Order for Hemant Dinkar Kandlur

Bombay HC: Investing in India Will Not Be Affected by Any Amendment Made to I-T Section 54

Recently, the Bombay High Court has ruled that the amendment made in accordance with section 54 of the Income Tax Act, 1961, doesn’t have a retrospective impact on limiting investments in India. This amended provision takes effect from April 1, 2015, and will be applicable in the future, but not before the amendment date. The […]

Mumbai ITAT's Order for Khalid Sayed

Exemption for CG Not Applicable to the Purchase of a Residential Home Outside the Country After 2015

The capital gain exemption is not available for the residential house brought abroad post 1st April 2015. For the period prior to AY 2015-16 or to the introduction of the words “in India” in Section 54 of the Act vide Finance Act No. 2 of 2014, which came into effect on April 1, 2015, the […]

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