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Addition u/s. 68 unsustainable as assessee duly discharged initial burden but AO failed to conduct independent inquires: ITAT Kolkata

March 20, 2024 1212 Views 0 comment Print

ITAT Kolkata held that addition u/s. 68 of the Income Tax Act towards unexplained share application money is unsustainable as assessee has successfully discharged the burden of proof primarily casted upon it, however, AO failed to conduct independent inquires.

AO cannot make adhoc disallowance under Section 40A(2)

March 20, 2024 825 Views 0 comment Print

Explore case of Manipal Hospitals (Dwarka) Pvt Ltd vs. ACIT where ITAT Bangalore ruled that AO cannot make adhoc disallowance under Section 40A(2)

If revenue is accepted based on depreciation plus markup, corresponding cost cannot be disallowed

March 20, 2024 747 Views 0 comment Print

Delhi ITAT ruled that once the Income Tax Officer accepts income based on depreciation plus 15% markup, denying cost is unjust. Full analysis here.

Even if Form 10B is filed at a later stage, Section 11 exemption cannot be denied

March 20, 2024 2796 Views 0 comment Print

Anjana Foundation Vadodara vs A.O.: Ahmedabad ITAT clarifies that advance filing of Form 10B isn’t mandatory for claiming exemption under Sections 11 & 12.

Non-Entitlement to Section 11 deduction Doesn’t Preclude Expense Claim Against Gross Receipts

March 20, 2024 858 Views 0 comment Print

Anamika Kala Sangam vs. DCIT: Kolkata ITAT ruling allows organisations to claim expenses against gross receipts, even if not entitled to Section 11 benefits. Read more.

Bank Account with Social Co-operative Insufficient to Imply Accommodation Entry: ITAT

March 20, 2024 534 Views 0 comment Print

In the case of ACIT Vs Aaryavart Infrastructure Pvt. Ltd., the Income Tax Appellate Tribunal (ITAT) Ahmedabad ruled that mere maintenance of a bank account with a social co-operative bank cannot be a basis for assuming that the assessee is engaged in accommodation entries. Get insights into the case and the tribunal’s decision.

ITAT Deletes Jewellery Addition, Considering Assessee’s family Background & professional standing

March 20, 2024 1107 Views 0 comment Print

Read the ITAT Delhi’s decision in Mudita Chaturvedi Vs ACIT case, where the addition of jewellery under section 69 is deleted, citing it as Stri Dhan from parents.

Rule 3 applies only when a concession in rent is provided by employer to employee

March 20, 2024 1467 Views 0 comment Print

ITAT Delhi dismisses Revenue’s appeal against order of Commissioner of Income Tax (Appeals) regarding valuation of perquisites and tax deduction on rent-free accommodation provided to employees by Indian Institute of Technology (IIT). Get insights into the case and the tribunal’s ruling.

Section 68 not apply to outgo or payment on account of expenditure

March 20, 2024 2283 Views 0 comment Print

ITAT Delhi in Feather Infotech Pvt. Ltd. Vs DCIT held that Section 68 is inapplicable to expenditure as same applies to credit in books of account

Faceless Assessment Lapses Shouldn’t Prejudice Effective Administration: ITAT Kolkata

March 20, 2024 1137 Views 0 comment Print

Explore the Kolkata ITAT ruling on Abhishek Shaw Vs ITO, highlighting lapses in faceless assessment and their impact on effective administration.

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