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Condition for use of land for agricultural purpose in preceding two years satisfied: Section 54B exemption granted

March 26, 2025 702 Views 0 comment Print

ITAT Raipur held that exemption under section 54B of the Income Tax Act is allowable since pre-condition regarding usage of land for agricultural purposes in two years immediately preceding date of transfer is satisfied. Accordingly, appeal allowed.

Section 10(23C) exemption cannot be denied for Filing of ITR-5 instead of ITR-7

March 26, 2025 1140 Views 0 comment Print

ITAT Pune held that denial of exemption under section 10(23C) of the Income Tax Act for bonafide mistake of filing ITR-5 instead of correct ITR-7 not justifiable since the same is just a procedural technical mistake.

Contractor Cannot Claim Additional GST if Contract Rates Include GST: Kerala HC

March 25, 2025 1179 Views 0 comment Print

Kerala High Court held that when contract rates fixed are inclusive of GST and other taxes, contractor is not permitted to claim GST over and above the fixed rates. Accordingly, writ dismissed.

Anonymous Donations to Sai Baba Sansthan Trust Not Taxable Under Section 115BBC: ITAT Mumbai

March 25, 2025 642 Views 0 comment Print

ITAT Mumbai held that Sai Baba Sansthan Trust being both charitable and religious trust falls within exceptions provided under section 115BBC(2) and hence anonymous donations received is not liable to be taxed under section 115BBC of the Income Tax Act.

Developer Eligible for Section 80-IA Deduction for Government Contracted Development Work

March 25, 2025 528 Views 0 comment Print

ITAT Mumbai held that developer is entitled for deduction under section 80-IA of the Income Tax Act for carrying out development work by entering into a contract with the Government. Accordingly, appeal allowed.

Non-issuance of Section 143(2) notice invalids Section 143(3) Scrutiny Assessment: ITAT Raipur

March 25, 2025 831 Views 0 comment Print

ITAT Raipur held that assessment framed by AO u/s. 143(3) r.w.s. 147 of the Income Tax Act without issuance of notice under section 143(2) of the Income Tax Act is invalid and cannot be sustained in the eyes of law.

Section Addition needs to be allocated between joint beneficial owners: ITAT Raipur

March 25, 2025 870 Views 0 comment Print

ITAT Raipur held that entire addition of transaction in the hands of assessee under section 69 of the Income Tax Act as unexplained investment not tenable since the same needs to be allocated between joint beneficial owners. Thus, matter restore back to file of AO.

Reassessment u/s. 147 based on change of opinion without any fresh material not sustainable

March 25, 2025 828 Views 0 comment Print

ITAT Delhi held that re-assessment proceedings under section 147 of the Income Tax Act initiated due to change of opinion without having any fresh material on record is liable to be quashed. Accordingly, appeal of revenue dismissed.

Initiation of penalty proceedings u/s. 271DA justified as delay was not unreasonable: Delhi HC

March 25, 2025 1032 Views 0 comment Print

Delhi High Court held that imposition of penalty under section 271DA of the Income Tax Act is justifiable since there is no inordinately and inexplicably delay in initiation of penalty proceedings. Accordingly, writ dismissed.

Reassessment quashed as it was based on information fully examined during earlier reassessment

March 25, 2025 876 Views 0 comment Print

Delhi High Court held that reassessment order is liable to be set aside as it was based on information that was fully examined in the earlier round of reassessment u/s. 147 r.w.s. 144B of the Income Tax Act. Accordingly, appeal allowed and order set aside.

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