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Deduction u/s 80P(2)(a)(i)/ 80P(2)(d) not available on common interest earned from investment in co-operative banks

May 31, 2023 3714 Views 0 comment Print

ITAT Bangalore held that common interest earned from investment in co-operative banks is not eligble for deduction u/s 80P(2)(a)(i) or 80P(2)(d) of the Income Tax Act.

SVLDRS doesn’t exclude taxpayers against whom investigation is not concluded

May 31, 2023 1284 Views 0 comment Print

Delhi High Court held that rejection of declaration under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS) on ground that investigation has not been concluded is unsustainable as SVLDRS doesn’t exclude taxpayers in respect of whom investigation is not concluded.

Penalty u/s 271(1)(c) leviable on additional income disclosed out of seized material

May 31, 2023 1497 Views 0 comment Print

ITAT Pune held that penalty u/s 271(1)(c) of the Income Tax Act duly leviable in case the additional income is disclosed in ITR filed u/s 153A and such additional income is originated out of seized material.

Matter set aside to test enforceability of agreement to sell vis-à-vis fresh affidavit

May 31, 2023 726 Views 0 comment Print

ITAT Chandigarh set aside the addition u/s 69 of the Income Tax Act to the file of AO to test the enforceability of agreement to sell as per relevant statue vis-à-vis fresh affidavit.

Amendment in section 155(19) to be considered while dealing with excess sugar cane price above FRP

May 31, 2023 1224 Views 0 comment Print

ITAT Pune held that excess sugar cane prices over and above the Fair and Remunerative Price (FRP) fixed by the Government is to be determined as per latest statutory amendment in Section 155(19) of the Income Tax Act.

Literal interpretation of language of Section 245A of Income Tax Act is justified

May 31, 2023 768 Views 0 comment Print

Delhi High Court held that the legislative history of Section 245A of the Income Tax Act indicates that the proceedings for assessment, re-assessment and re-computation u/s. 148, prior to issuance of notice u/s. 148 of the Act, were excluded from the scope of the definition of the term ‘case’. Literal interpretation of language of section 245A is justifiable.

Non-satisfaction of twin conditions for invoking jurisdiction u/s 263 renders proceedings unsustainable

May 31, 2023 822 Views 0 comment Print

ITAT Delhi held that for invoking revisional jurisdiction u/s 263 it is necessary to satisfy twin conditions i.e. one being that order should be erroneous and second, such order should be prejudicial to the interests of the Revenue. Non-satisfaction of the conditions renders the proceedings unsustainable.

Depreciation on goodwill allowable once existence of goodwill is established

May 31, 2023 1485 Views 0 comment Print

ITAT Hyderabad held that the net balance of purchase consideration paid, and the value of net assets acquired is Goodwill and once the existence of Goodwill is established, Depreciation on such goodwill cannot be questioned further.

Reassessment proceedings u/s 147 unsustainable on account of change of opinion

May 31, 2023 606 Views 0 comment Print

ITAT Delhi held that reassessment proceedings initiated u/s 147 of the Income Tax Act unsustainable as sufficient enquiry was made by AO on the impugned transaction and hence it tantamount to change of opinion on part of AO.

Penalty u/s 271(1)(b) not imposable as reasonable cause shown

May 31, 2023 1713 Views 0 comment Print

ITAT Delhi held that penalty u/s 271(1)(b) of the Income Tax Act not imposable as reasonable cause shown for non-furnishing of consent form sought by AO.

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