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CBDT Instruction No. 03/2017 followed by partly allowing cash deposit during demonization

April 11, 2025 1536 Views 0 comment Print

ITAT Raipur held that addition towards cash deposited during demonization period partly set aside based on CBDT Instruction No. 03/2017 dated 21.02.2017. Accordingly, appeal of assessee partly allowed.

Discount on issue of ESOP allowed as deduction: ITAT Delhi

April 10, 2025 1038 Views 0 comment Print

ITAT Delhi held that discount on issue of Employee Stock Ownership Plan [ESOP] is allowable as deduction under section 37 of the Income Tax Act. Accordingly, additional claim of ESOP expense allowed.

Penalty u/s. 270A not leviable as order & notice failed to specify applicable limb

April 10, 2025 3501 Views 0 comment Print

ITAT Pune held that penalty under section 270A is not leviable since neither the assessment order nor the notice issued u/sec.274 r.w.s.270A the Assessing Officer has specified the limb under which the case of the assessee falls.

Delhi HC Directs Customs to Prevent Harassment of Travellers coming to India

April 10, 2025 894 Views 0 comment Print

Delhi High Court directed Customs Officials to ensure that old jewellery of even Indian travellers, personal jewellery which is being worn by the travellers during travel or used jewellery is not unnecessarily detained in a routine manner, so as to ensure that no harassment is caused to travellers coming to India.

Failure of reconciliation of accounts qualifies as pre-existing dispute: NCLAT Delhi

April 10, 2025 1470 Views 0 comment Print

NCLAT Delhi held that failure of reconciliation of accounts qualifies as pre-existing dispute. Thus, order admitting application u/s. 9 of Insolvency and Bankruptcy Code, 2016 ignoring pre-existing dispute is not justified. Hence, order is set aside.

PCIT cannot exercise revisionary power u/s. 263 to restore issue for verification purpose: ITAT Ahmedabad

April 10, 2025 552 Views 0 comment Print

ITAT Ahmedabad held that PCIT cannot exercise revisionary power u/s. 263 to restore an issue for the purpose of verification only since restoring matter for verification means that PCIT is not sure of assessment order being erroneous causing prejudice to the revenue.

Exemption u/s. 10(23C)(vi) denied as hostel fees charged is significantly high: ITAT Ahmedabad

April 10, 2025 660 Views 0 comment Print

ITAT Ahmedabad held that exemption under section 10(23C)(vi) of the Income Tax Act is admissible to the trust has exist solely for educational purpose, thus since the hostel fees charged by the trust is significantly high the activity amounts to ‘trade, commerce and business’ hence exemption denied.

Madras HC directed to challenge assessment and rectification order before CIT(A)

April 10, 2025 579 Views 0 comment Print

Madras High Court disposed of the writ petition with direction to petitioner to challenge the impugned Assessment Order as well as Rectification Order before Commissioner of Income Tax (Appeals) [CIT(A)].

Cash Deposit During Demonetization from Liquor Sales: Addition u/s 69 Unjustified

April 10, 2025 1377 Views 0 comment Print

ITAT Chennai held that cash sales of liquor is the source of cash deposit during demonetization and accordingly, since the nature and source of investment fully explained by the assessee, addition u/s. 69 of 69A not justifiable.

Presumptive taxation u/s. 44AD applicable to nursing home since not classified as profession

April 10, 2025 1914 Views 0 comment Print

ITAT Mumbai held that presumptive taxation scheme under section 44AD of the Income Tax Act is duly applicable to nursing home since the assessee cannot be classified as a ‘person’ engaged in the ‘medical profession’.

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