Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights January 2025 Year 2025 This

ITAT held that additions made u/s 153A for AYs 2014-15 to ...


ITAT Rejects 153A Additions, Allows Partner's Remuneration Expense Following SC Precedent.

January 10, 2025

Case Laws     Income Tax     AT

ITAT held that additions made u/s 153A for AYs 2014-15 to 2018-19 are unsustainable in absence of incriminating material found during search, following Supreme Court's ruling in Abhisar Buildwell (P.) Ltd. case. Remuneration paid to partner is allowable as business expenditure u/s 37, as partner's involvement in accounts maintenance is proved, despite not attending office daily. Remuneration is taxable in partner's hands u/s 28(v), which is undisputed. Assessee's appeal allowed on both issues.

View Source

 


 

You may also like:

  1. The assessee, engaged in the business of shares and securities, claimed administration expenses, including Portfolio Management Service (PMS) expenses, against capital...

  2. TP adjustment upheld as per Special Bench ruling in Instrumentarium rejecting base erosion argument. Benefit of tax treaty against TP provisions rejected following...

  3. Partner’s remuneration u/s 40(b) - The manner of computing the remuneration is not specified - the remuneration payable is left to future mutual agreement between the...

  4. Provision of section 145(3) invoked without satisfying conditions - books of accounts rejected without following proper procedure u/s 144. Gross profit addition made...

  5. The Tribunal held that based on the financial parameters and risk profile, the assessee qualifies as a developer rather than merely a contractor u/s 80IA of the Income...

  6. In the case of 2024 (5) TMI 1097 before the ITAT Kolkata, the issue revolved around the addition made u/s 50C of the Income Tax Act. The assessee had contended that the...

  7. Determination of remuneration paid to partner - working / retiring partner - the firm has incorporated the terms of section 40(b), providing for the maximum amount of...

  8. The CIT(A) partly allowed and restricted the addition on account of commission expenses at 0.25% as compared to 2% adopted by the Assessing Officer. The coordinate bench...

  9. Transfer pricing adjustment on export commission paid to related party disallowed based on assessee's own case demonstrating benefits and higher profitability. Royalty...

  10. Disallowance of remuneration paid to the partners of the assessee firm - Once the remuneration paid to the partners is in accordance of the provisions of Section...

  11. Addition of interest expenses - assessee has made payment to partners as per the Partnership Deed and within the limit prescribed u/s 40(b) - claim of interest expense allowed - AT

  12. The case involved an appeal regarding assessment under sections 153A or 153C of the Act, focusing on additions under section 69A related to credits in saving accounts...

  13. Remuneration to partners - where the partner is working partners and remuneration provided is within the limits prescribed u/s 40(b)(v), AO cannot disallow any part of...

  14. Addition u/s 68 - unexplained cash credit - capital contribution in cash by the partners - While deleting the additions, the Tribunal held that, if the Ld. AO was not...

  15. Deduction u/section 80(IA)(10) r.w.s 10AA(9) - AO made the additions on the ground that, by giving deductions of interest on capital and remuneration to partner of the...

 

Quick Updates:Latest Updates