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Search results for: Income Tax Act

Chandigarh ITAT's Order in The Case of Shri Amardeep Sandhu vs The ITO

Chandigarh ITAT Directs Refund of ₹37.88 Lakh for Short TDS Credit on Property Sale

The Chandigarh Bench of the Income Tax Appellate Tribunal (ITAT) has issued a directive for the refund of ₹37.88 lakh within one month. This decision arises from a determination that there was an under-allocation of Tax Deducted at Source (TDS) credit related to a property sale, in accordance with section 143(1) of the Income Tax […]

Hyderabad ITAT's Order in the Case of Supujita Adivsory and Consultancy (OPC) Private Limited vs. The DCIT

Hyderabad ITAT Waives Section 234E Late Fees for Delayed Quarterly TDS Filings

The Hyderabad Bench of the Income Tax Appellate Tribunal (ITAT) has exempted late fees imposed under Section 234E of the Income Tax Act, 1961, for the delayed filing of quarterly TDS (Tax Deducted at Source) returns. As per the Tribunal, when the taxpayer has deposited TDS with applicable interest, submitted all the pending quarterly returns […]

Bombay HC's Order in The Case of Gateway Terminals India Pvt. Ltd. vs. Deputy Commissioner of Income-tax

Bombay HC: Interest on FDs and TDS Refund Linked to Business Eligible for Deduction U/S 80IA

The Bombay High Court has ruled that interest earned on fixed deposits and TDS refunds related to business activities are eligible for deduction under Section 80IA of the Income Tax Act. This decision provides clarity on the classification of these income types in the context of tax deductions. Tax incentives for businesses are being given […]

Mumbai ITAT's Order in The Case of Payal Kishore Kulchandani vs. Income Tax Officer

Mumbai ITAT Allows LTCG Exemption on Sale of Old Flat with Timely Possession of New Property

The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) permitted the claim of Long Term Capital Gains (LTCG) exemption u/s 54 of the Income Tax Act,1961 on the sale of an old flat, as the possession of the new flat was received within the specified period. The taxpayer, Payal Kishore Kulchandani, submitted her return reporting […]

Mumbai ITAT's Order in the Case of Manisha Kiran Temkar vs ACIT

ITAT Mumbai: No TDS on Payments to Foreign Agents for Services Rendered Outside India

The ITAT Mumbai Bench has ruled that payments made to foreign agents for services provided entirely outside of India do not need to be taxed in India. As a result, businesses are not required to deduct TDS from these payments. The taxpayer, Manisha Kiran Temkar, was in the international merchant trade under the name M/s. […]

Mumbai ITAT's Order in the Case of Schindler India Private Limited vs. Deputy Commissioner of Income Tax

Mumbai ITAT Allows Company to Exclude Written-Off Bad Debts from MAT Computation U/S 115JB

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has allowed Schindler India Private Limited, a leading elevator and escalator manufacturer, to exclude ₹1,09,72,163 written off as bad and doubtful debts from its book profits while computing Minimum Alternate Tax (MAT) under Section 115JB of the Income Tax Act, 1961. Before the ITAT, Schindler […]

Madras HC's Order in The Case of M/s.Arul Industries vs. The Asst. Commissioner of Income Tax

Madras HC: IT Commissioner Can’t Revise Assessment Solely for Lack of Detailed Reasoning

The Income Tax commissioner could not amend an assessment only due to the detailed reasoning was not provided in the order, the Madras High Court ruled. The Commissioner of Income Tax has been empowered u/s 263 of the Income Tax Act, 1961, to amend any order passed under the Income Tax Act, 1961, “the Act,” […]

Delhi HC's Order in The Case of The Commissioner of Income Tax vs. XIOCOM (NZ) LTD

Delhi HC: Payments for Foreign Software Use Not ‘Royalty’; No TDS Required

The Delhi High Court has confirmed that payments by Indian companies to foreign entities for the resale or use of computer software are not classified as royalty. In a significant ruling, Justices V. Kameswar Rao and Vinod Kumar concluded that the Indian entity bears no obligation to tax deducted at source (TDS) in these circumstances. […]

Visakhapatnam ITAT's Order in The Case of KVRECPL – Irpinfratech (JV) vs. The Assistant Commissioner of Income Tax

ITAT: Assessment Without Sec. 143(2) Notice Is Invalid and Can’t Be Rectified by Section 292BB

The Visakhapatnam Bench of the Income Tax Appellate Tribunal (ITAT) reviewed the validity of an assessment conducted under Section 144 of the Income Tax Act, 1961. The focus of the examination was whether this assessment could be upheld or rectified at a later stage despite the absence of a required notice under Section 143(2) of […]

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