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Search results for: Income tax Act

Mumbai ITAT's Order for Pawan M. Shah

ITAT Orders AO to Remove the Addition For Typo in ITR

The Income Tax Appellate Tribunal ( ITAT ), Mumbai Bench, in a petition furnished to it stated that there would be no addition incurred on the basis of a typographical error in the ITR via the taxpayer. ITAT, before-mentioned observation when a plea was chosen before it via the taxpayer, as against the order on […]

Chennai ITAT's Order for M/s.Sunsmart Technologies Pvt. Ltd.

ITAT: Non-Resident Deals for Partners Considered as Fee for Services

The Chennai Bench of the Income Tax Appellate Tribunal (ITAT) ruled that payment that the taxpayer has made to the non-resident marketing partners for filing the before or after-sale services concerned with the software solutions would have the character of fees for technical services (FTS). The two-member bench of V. Durga Rao (Judicial Member) and […]

MP HC's Order for M/s S Kumar Tyres Manufacturing Co. Ltd.

HC: Penalty Not Imposable U/S 271(c) in Absence of Wrong Details

The Madhya Pradesh High Court ruled that penalty u/s 271(c) of the Income Tax Act, 1961 shall not be levied in the absence of intentional concealment and false details. The respondent company M/s S Kumar Tyres Manufacturing co. ltd. was made in the year 1985 and has the business of manufacturing of tyers and trading […]

ITAT'S Order for Kothari Brothers

ITAT: Claim Made by Assessee to Assessment Stage After Receiving Revised Returns

The Income Tax Appellate Tribunal (ITAT), Ahmedabad ruled that Assessing Officer (AO) must take cognizance of the claim that the taxpayer made on the filing of revised returns and must move to the assessment stage. The taxpayer, Kothari Brothers have furnsihed the income return dated 24.11.2007 which shows a total income of Rs 3,52,960. In […]

ITAT's Order for M/s. DSG Papers Pvt. Ltd

ITAT Removes Addition as A.O. Didn’t Give Option for Witness Cross-Examination

The Income Tax Appellate Tribunal (ITAT), Chandigarh Bench ruled that Assessing Officer was unable to furnish the opportunity for cross-examination of witnesses and removes the addition on the basis of additional net profit. The petitioner M/s. DSG Papers Pvt. Ltd., is involved in the business of manufacturing paper and paper products. The PCIT started revisionary […]

Ahmedabad ITAT's Order for Grow More Foundation

ITAT: Donations by Trust for Charitable and Educational Purposes Deductible

Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT), the donations and investments incurred for the charity via the taxpayer’s trust for charitable and educational purposes concerning the operation of the trust and has the deductible nature and deleted the impugned additions by the Assessing Officer (AO). A bench consisting of Ms. Annapurna Gupta, an […]

Ahmedabad ITAT's Order for Prolific Research Pvt. Ltd.

ITAT: Assesses Payment to Non-resident Supplier Constitutes Royalty & Eligible for TDS Deduction

The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) ruled that the payment that the taxpayer has made to the non-resident supplier shall be the royalty amount and is bounded on the taxpayer’s portion to deduct tax at source. The two-member bench of T.R. Senthil Kumar (Judicial Member) and Annapurna Gupta (Accountant Member) has […]

Bangalore ITAT's Order for Karnataka Grameena Bank

ITAT: 234e for Late Fee Not Levy Before June 2015 for Delay TDS Filing

The Bangalore Bench of the Income Tax Appellate Tribunal (ITAT) ruled that late fees under section 234E of the Income Tax Act,1961 for late TDS return filing shall not get levied before 01.06.2015. Mr. Hardik Chordia, CA appeared for the appellant and Dr. K Shankar Prasad appeared for the respondent. Karnataka Grameen Bank, the taxpayer […]

Hyderabad ITAT's Order for Ashok Developers & Builders Ltd

ITAT: Proper Inspection Needed of Material Before Proceedings U/S 153

The Hyderabad Bench of the Income Tax Appellate Tribunal (ITAT), proceedings under section 153 do not be invalidated without examining incriminating material found in the search. The taxpayer, Ashok Developers & Builders Ltd has been involved in the business of construction and furnishes its income return showing a total income of Rs.6,61,44,100. A search & […]

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