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Lack of Legal Understanding & Consultant’s Technological Limitations: ITAT denied Condonation of delay

March 15, 2024 768 Views 0 comment Print

Read about the ITAT Mumbai ruling in Inderjit Singh Manchanda vs. CIT case, where the application for condonation of delay regarding penalty proceedings appeal was dismissed.

LTCG Deemed Genuine: AO Fails to Prove Bogus Share Sale, Addition Deleted

March 15, 2024 1407 Views 0 comment Print

Read about the ITAT Ahmedabad ruling in Bharatkumar Gangaram Patel vs. ITO case, where the addition for unexplained LTCG on shares was deleted due to failure to establish bogus sale.

Sales value cannot be enhanced with GST without Adjusting Opening/Closing Stock and Purchases Valuation

March 15, 2024 1857 Views 0 comment Print

ITAT Mumbai concluded that the enhancement of the value of sales without corresponding adjustments to purchases was erroneous.

If Receipt Isn’t Taxable for Recipient, TDS Credit Can’t Be Denied: ITAT

March 15, 2024 1302 Views 0 comment Print

Dhirajlal Savailal Shah Vs ITO (ITAT Ahmedabad) If the receipt is not liable to tax in the hands of the recipient for any reason, the same cannot be a ground for not granting credit for TDS.

Addition based on seized document retrieved from third person without cross examination opportunity is unsustainable

March 15, 2024 1815 Views 0 comment Print

ITAT Delhi held that addition u/s. 69 of the Income Tax Act based on working/ seized document retrieved from third person without granting cross examination opportunity to the assessee is unsustainable in law.

Section 11 exemption cannot be denied for delay in Audit Report (Form 12B) submission

March 15, 2024 1215 Views 0 comment Print

Learn about the ITAT Ahmedabad ruling in Karma Falya Trust vs. DCIT case, granting exemption under Section 11 of the Income Tax Act for delay in filing the audit report.

Form 10BA filing Mandatory to claim Section 80GG Deduction: ITAT Bangalore

March 15, 2024 1614 Views 0 comment Print

ITAT Bangalore rules that submission of Income Tax Form No. 10BA is necessary for claiming deduction under Section 80GG. Details of the case explained.

Final assessment order invalid as AO failed to pass draft assessment order as required u/s 144C(1): ITAT Delhi

March 15, 2024 1998 Views 0 comment Print

ITAT Delhi held that assessee qualifying as an eligible assessee, AO is mandatory required to first pass a draft assessment order as per section 144C(1) of the Income Tax Act. Passing of assessment order without following the mandatory requirement results in invalidation of final assessment order.

Granting statutory approval u/s. 153D without application of mind invalids entire search proceeding: ITAT Delhi

March 15, 2024 1026 Views 0 comment Print

ITAT Delhi held that statutory approval given by a quasi judicial authority (here, JCIT) without due application of mind as contemplated in section 153D of the Income Tax Act would be fatal to the entire search assessment proceedings.

No Section 271FA penalty for delay in filing SFT return for genuine reasons

March 14, 2024 2163 Views 0 comment Print

Explore the detailed analysis of the penalty imposed on Jhalawar Kendriya Sahakari Bank Ltd. by ITAT Jaipur in the case against ADIT (I&CI) for the assessment year 2019-20.

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