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Deduction u/s. 80P eligible to cooperative society on interest received from investment in banks

November 11, 2024 1791 Views 0 comment Print

ITAT Visakhapatnam held that the cooperative society is eligible for deduction U/s. 80P(2)(a)(i) of the Income Tax Act on the interest income received from investment in banks. Thus, appeal allowed.

Revisionary jurisdiction u/s. 263 not invocable when AO took legally plausible view: ITAT Ahmedabad

November 11, 2024 912 Views 0 comment Print

The assessee filed the return of income declaring a total income of Rs. Nil. However, AO completed the assessment u/s. 143(3) read with Section 144B determining the assessed income at Rs. 3,37,97,789/-.

Payment by Google Ireland not in nature of royalty is not taxable in India: ITAT Bangalore

November 9, 2024 1323 Views 0 comment Print

ITAT Bangalore held that payments made by [Google Ireland Limited] GIL towards Adwords program is not in the nature of royalty or FTS [Fees for Technical Service] and hence the same is not taxable in India.

Issuance of notice to dead person unjustified since entire estate taken over by official assignee: Madras HC

November 9, 2024 1035 Views 0 comment Print

Madras High Court held that issuance of notice in the name of assessee unjustified as Official Assignee has taken charge of the entire estate of the original assessee. Once the assets are taken over by official assignee the notice issued to dead person is non est in law.

AO not permitted to take different stand on same issue over different years: ITAT Chennai

November 9, 2024 3354 Views 0 comment Print

ITAT Chennai held that an AO is not permitted to take different stand on the same issue and same set of facts over different years. Thus, exemption u/s. 11 granted in spite of the fact that return was filed using ITR-6.

No jurisdiction under Article 226 as non-compliance with principles of natural justice not substantiated

November 9, 2024 837 Views 0 comment Print

Patna High Court held that invocation of extraordinary jurisdiction under Article 226 of the Constitution of India unjustified as lack of jurisdiction and the absence of compliance with principles of natural justice have been merely raised but not substantiated.

Dismissal of appeal merely because appeal was filed manually instead of e-filing unjustified: ITAT Ahmedabad

November 9, 2024 1095 Views 0 comment Print

ITAT Ahmedabad held that dismissal of appeal by CIT(A) on technical/ procedural aspect merely because the appeal was filed manually instead of e-filing unjustified as assessee was not given an opportunity to cure the defect. Accordingly, appeal restored back.

Deduction u/s. 54EC admissible as nexus between advance from sale of property and investment in NHAI bonds established

November 9, 2024 1170 Views 0 comment Print

ITAT Ahmedabad held that benefit of deduction under section 54EC of the Income Tax Act allowed since nexus between advance received towards sale of property and investment made in NHAI bonds established.

Appeal dismissed as tax effect below monetary limit as specified by CBDT: ITAT Kolkata

November 9, 2024 1236 Views 0 comment Print

ITAT Kolkata dismissed the appeal preferred by the revenue since tax effect is below the threshold specified by CBDT vide circular no. 5 of 2004 dated 15.03.2024 and also the case doesn’t fall under any exception as per CBDT circular.

Action of AO based on High Court decision not erroneous hence jurisdiction u/s. 263 unjustified

November 9, 2024 1254 Views 0 comment Print

ITAT Chennai held that action of AO based on jurisdictional High Court decision as prevalent on the specified time, which was later on reversed by the Supreme Court, cannot be held to be erroneous and prejudicial to the interest of revenue.

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