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Disallowance u/s 14A untenable on mechanical application of rule 8D

June 5, 2023 1482 Views 0 comment Print

ITAT Mumbai held that disallowance u/s 14A untenable as AO has mechanically applied rule 8D without having recorded his satisfaction or examining the nature of investments whether they have yielded any exempt income or not.

Depreciation u/s 32 allowable only when asset is put to use for business purpose

June 5, 2023 11958 Views 0 comment Print

ITAT Bangalore held that depreciation under section 32 of the Income Tax Act is allowable only when the asset is put to use for the business purpose. Notably, the onus is on the assessee to prove that the assets are put to use for the business purposes only.

Rejection of patent application on sole base of non-patentability u/s 3(k) is unjustified

June 5, 2023 2328 Views 0 comment Print

Delhi High Court held that rejection of Microsoft patent application for invention relating to ‘Methods and Systems for authentication of a user for sub-locations of a network location’ solely on the basis of non-patentability under Section 3(k) of the Patent Act, 1970 is unjustified and needs re-examination.

Profit eligible to deduction u/s 80IA(4)(ii) reducible due to revenue sharing

June 5, 2023 993 Views 0 comment Print

ITAT Ahmedabad held that as the revenue from selling of bandwidth business of the assessee is shared between the assessee and its parent company, profits eligible to deduction under section 80IA(4)(ii) of the Income Tax Act is reducible.

Addition towards SBN deposits sustained as source not established

June 5, 2023 2448 Views 0 comment Print

ITAT Cuttack held that addition towards the unexplained investment for SBN deposits during demonetization period sustained in absence to establish source of the same without documentary evidences.

Capital contribution by partner cannot be added in hands of partnership firm

June 5, 2023 4887 Views 0 comment Print

ITAT Rajkot held that the capital contribution made by the partner of the firm cannot be subject to the addition in the hands of the partnership firm.

Invocation of deeming provisions of section 50C without referring to Departmental Valuation Officer is unjustified

June 5, 2023 1317 Views 0 comment Print

ITAT Kolkata held that invoking deeming provisions under section 50C and adopting value of property as per Stamp Valuation authority without referring the matter to Departmental Valuation Officer unsustainable. Accordingly, matter restored to jurisdictional Assessing Officer.

ITAT allows Depreciation on crates and bottles

June 5, 2023 3687 Views 0 comment Print

ITAT Delhi held that it is settled principle of law that crates and bottles have been allowed depreciation. Accordingly, the claim of depreciation is allowable.

Conditions in rule 37BA should be read in provision of section 199(1) where no double credit is claimed

June 5, 2023 58317 Views 0 comment Print

ITAT Chennai held that strict conditions provided in Rule 37BA should be read in the provisions of Section 199(1) to make it workable in genuine cases where department is sure no double credit is allowed or claimed.

Company under liquidation is disbarred from initiating legal proceeding without prior approval

June 5, 2023 1935 Views 0 comment Print

NCLT Mumbai held that as per section 33(5) of the Insolvency and Bankruptcy Code (Code) company under Liquidation is disbarred from initiating any legal proceedings without seeking the prior approval of the Adjudicating Authority. Accordingly, the Liquidator was not competent to initiate proceedings u/s. 7 of the Code.

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