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Section 263 Invocation Unjustified if No Evidence of Erroneous Order

August 26, 2024 648 Views 0 comment Print

ITAT Ahmedabad held that invocation of section 263 by PCIT unjustified due lack of sufficient evidence to support claim that the order is erroneous and prejudicial to the interest of revenue.

Deduction u/s. 54 admissible even when return is filed belatedly: ITAT Ahmedabad

August 26, 2024 2595 Views 0 comment Print

ITAT Ahmedabad held that deduction under section 54 of the Income Tax Act towards Long Term Capital Gains admissible even when return is filed belated return of income under section 139(4) of the Income Tax Act.

Interest Earned by Cottage society Attributable to Business: Section 80P(2)(a)(ii) deduction Allowed

August 26, 2024 543 Views 0 comment Print

ITAT Chennai held that the assessee is a cottage industry and the entire income is attributable to business of the society and hence eligible to claim Interest earned on deposit also as deduction U/s.80P(2)(a)(ii) of the Income Tax Act.

Appeal dismissed by CIT(A) as time barred unjustified as appeal in physical form filed in time: ITAT Jaipur

August 26, 2024 495 Views 0 comment Print

ITAT Jaipur held that dismissal of appeal by CIT(A) holding it to be barred by limitation unjustified as CIT(A) failed to consider that appeal was filed in physical form and filing of appeal is not delayed.

Hospital claiming advertisement expense is disallowed as violating Indian Medical Council Act

August 26, 2024 1257 Views 0 comment Print

ITAT Visakhapatnam held that advertisement expenditure claimed by the hospital has violated the provisions of Indian Medical Council Act 1956 professional conduct, Etiquette and Ethics Regulations, 2002. Hence, expenditure disallowed.

Section 57 Deduction Allowable for Interest Expense Incurred to Earn Income from Other Sources: ITAT Raipur

August 26, 2024 2028 Views 0 comment Print

ITAT Raipur held that interest expenditure incurred for earning income chargeable under the head “Income from other sources” is allowable as deduction under section 57 of the Income Tax Act.

Section 80IA Benefit not allowed when Income Tax return filed belatedly: ITAT Nagpur

August 26, 2024 501 Views 0 comment Print

ITAT Nagpur held that once the return of income has been filed belatedly, no benefit under section 80IA of the Income Tax Act is allowed. Accordingly, deduction u/s. 80IA disallowed.

PCCIT Approval Without Application of Mind Invalidates Section 148A(d) Order: Delhi HC

August 26, 2024 1455 Views 0 comment Print

Delhi High Court held that failure of PCCIT to satisfactorily record its concurrence and granting of approval for reopening of assessment without application of mind invalidates the order issued u/s. 148A(d) of the Income Tax Act.

Consolidated Imposition of Sections 271D & 271E Penalty Unjustified: ITAT Cochin

August 26, 2024 642 Views 0 comment Print

ITAT Cochin held that imposition of penalty u/s. 271D and 271E of the Income Tax Act  in consolidated manner is unjustified as AO has to point out each entry where such acceptance or repayment is Rs. 20,000/- or more.

Initiation of Section 153C Proceedings Beyond Six Years Impermissible: ITAT Ahmedabad

August 26, 2024 909 Views 0 comment Print

ITAT Ahmedabad held that AO had no jurisdiction to initiate proceedings u/s. 153C of the Income Tax Act beyond permissible period of six years from date of receipt of books/ documents by AO.

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