Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Dividend income was treated at processing as falling under s.10(34) and taxed beyond ₹10 lakh by applying s.115BBDA on the premise that it arose from domestic companies. On evidence showing the dividend was from mutual funds and was necessarily reported in Schedule EI without bifurcation, the Tribunal held that such income squarely falls under s.10(35) and is fully exempt, rendering s.115BBDA inapplicable; the corresponding addition was deleted. On the claimed capital loss, since the first appellate authority had directed verification and allowance if found correct and the supporting documents were on record, no interference was warranted and the ground was allowed for statistical purposes. - ITAT
Dividend income was treated at processing as falling under s.10(34) and taxed beyond ₹10 lakh by applying s.115BBDA on the premise that it arose from domestic companies. On evidence showing the dividend was from mutual funds and was necessarily reported in Schedule EI without bifurcation, the Tribunal held that such income squarely falls under s.10(35) and is fully exempt, rendering s.115BBDA inapplicable; the corresponding addition was deleted. On the claimed capital loss, since the first appellate authority had directed verification and allowance if found correct and the supporting documents were on record, no interference was warranted and the ground was allowed for statistical purposes. - ITAT
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