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2023-TIOL-NEWS-185 Part 2 | August 08, 2023

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INCOME TAX

2023-TIOL-970-ITAT-MUM

Abhishek Doshi Vs ACIT

Whether additions framed u/s 68 of the Act are sustainable where they are based on suspicions of the AO and without establishing link between assessee & artificial rigging of shares leading to unexplained income from shares - YES: ITAT

- Appeal allowed: MUMBAI ITAT

2023-TIOL-969-ITAT-AHM  

DCIT Vs Croygas Equipments Pvt Ltd

Whether in absence of any business transaction between assessee and its sister concern, no addition u/s 10AA for excess claim of deduction can be made - YES : ITAT

- Revenue's appeal dismissed: AHMEDABAD ITAT

2023-TIOL-968-ITAT-AHM

Corrtech International Pvt Ltd Vs ACIT

Whether deduction u/s 36(1)(va) can be allowed only if employees' share in relevant funds is deposited by employer before due date stipulated in respective Acts - YES : ITAT

- Assessee's appeal dismissed: AHMEDABAD ITAT

2023-TIOL-967-ITAT-AHM

Effluent Channel Project Ltd Vs ACIT

Whether to determine true nature of amounts received by assessee case should be remanded back to AO as additional evidences, are admitted which are generated post order passed by CIT(A) - YES : ITAT

- Case Remanded: AHMEDABAD ITAT

2023-TIOL-937-HC-DEL-IT

Pr.CIT Vs Network Programme India Ltd

On appeal, the High Court agrees with the findings of the ITAT that the re-assessment proceedings commenced by the Revenue were invalidated on account of being based on change of opinion, rather than any tangible evidence not available in course of original assessment. Hence the findings of the ITAT warrant no interference with.

- Appeal dismissed: DELHI HIGH COURT

2023-TIOL-936-HC-DEL-IT

Pr.CIT Vs Maharani Enterprises

Whether a foreign resident who does not carry on any business operations in the taxable territories in India, and has no permanent establishment or business connection, is not liable to pay tax under the Act in respect of any amount remitted by resident assessee - YES: HC

- Revenue's appeal dismissed: DELHI HIGH COURT

 

 

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CIRCULAR

cuscir20_2023

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