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Receipt of amount via banking channel doesn’t make transaction genuine

January 8, 2023 4542 Views 0 comment Print

ITAT Ahmedabad held that mere receipt of amount via banking channel doesn’t make the transaction as genuine. Addition u/s 68 of the Income Tax Act sustainable because of non-establishment of identity of creditor, genuineness of transaction and credit worthiness of the parties.

Revisional order u/s 263 not invocable if AO duly applied his mind

January 8, 2023 1011 Views 0 comment Print

ITAT Mumbai held that revisional order u/s 263 cannot be invoked if Assessing Officer has conducted enquiries and applied his mind and has taken a possible view of the matter.

Provision for leave encashment and gratuity is allowable in book profit computed u/s 115JB

January 8, 2023 2805 Views 0 comment Print

ITAT Chennai held that addition of provisions for leave encashment and provision for gratuity to book profit computed u/s 115JB unsustainable as the same is ascertained liability.

Denial of deduction u/s 54 for mere technical breach is unjustified

January 8, 2023 2214 Views 0 comment Print

ITAT Chennai held that benefit of deduction under section 54 of the Income Tax Act cannot be denied for mere technical breach when the assessee has satisfied all the prescribed conditions.

Penalty u/s 271AAA leviable on additional/undisclosed income accepted via statement u/s 132(4)

January 8, 2023 3042 Views 0 comment Print

ITAT Delhi held that penalty u/s 271AAA of the Income Tax Act is leviable when the assessee has accepted the additional/undisclosed income during the statement recorded u/s 132(4) of the Act.

Shares can be hold as both investment and stock-in-trade

January 8, 2023 5712 Views 0 comment Print

ITAT Ahmedabad held that as per CBDT circular no. 4/2007 dated 15.6.2007 and 6/2016 dated 29-2-2016, person can hold shares as both investment and stock-in-trade Accordingly income will be taxable based on the type in which share is hold.

Imposition of penalty u/s 271(1)(c) on highly debatable issue is unsustainable

January 8, 2023 2286 Views 0 comment Print

ITAT Chennai held that levy of penalty u/s. 271(1)(c) of the Income Tax Act alleging furnishing of inaccurate particulars of income unsustainable as the matter is highly debatable.

Transaction charges incurred wholly and exclusively for business is allowable expenditure

January 7, 2023 2457 Views 0 comment Print

ITAT Ahmedabad held that the transaction charges are actually additional cost of funds raised for the purpose of business Hence expenditure incurred on account of the same was wholly and exclusively for the purpose of business.

Date of service and not dispatch is to be considered for period of limitation

January 7, 2023 3168 Views 0 comment Print

CESTAT Delhi held that period of limitation should be calculated from the date when the order was served and not from the date when order was dispatched.

Compensation from Goa Government for cancellation of plot is capital receipt

January 7, 2023 1170 Views 0 comment Print

Delhi High Court held that compensation received from Government of Goa on cancellation of plot is capital receipt and hence not taxable.

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