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All ITAT

Accommodation entry of huge amount needs further enquiry hence matter remanded

December 26, 2023 1482 Views 0 comment Print

ITAT Mumbai held that receipt of Rs 37 crores of exempt capital gain in a non-descript listed company operated by the accommodation entry provider, who has confessed that he has provided accommodations entries to the beneficiaries, including assessee remanded back to the file of AO for further enquiry.

Estimated addition without pointing out specific defect in audited books unjustified

December 25, 2023 1446 Views 0 comment Print

ITAT Delhi held that without pointing out any specific defect in the audited books of accounts, AO cannot and should not make any estimated addition. Accordingly, such estimated addition deleted.

Agricultural Land in Wife’s Name Eligible for Capital Gain Deduction u/s 54B

December 24, 2023 7146 Views 0 comment Print

Explore the Ravinder Kumar vs ITO case at ITAT Delhi. Learn how the tribunal allowed capital gain deduction under section 54B for agricultural land purchased in the name of the spouse.

ITAT’s Deletion of Addition Invalidates related Section 271(1)(c) Penalty

December 23, 2023 1119 Views 0 comment Print

ITAT has deleted the entire addition and disallowance based for imposition of penalty, the penalty imposed so cannot continue and therefore, deserves to be deleted in full with reference to aforesaid the addition & disallowance.

Disallowance of interest on loan given to subsidiary unjustified as investment was purely for commercial expediency

December 23, 2023 936 Views 0 comment Print

ITAT Chennai held that disallowance of interest u/s 36(1)(iii) of the Income Tax Act on loans and advances given to subsidiary company unjustified as investment in subsidiary is purely for commercial expediency.

Non-deposit of employees contribution to ESI and PF within due date disallowed

December 23, 2023 1497 Views 0 comment Print

ITAT Jaipur held that non-deposit of employees contribution to ESI and PF within due date as per the respective Act is disallowance by invoking provisions of section 36(1)(va) r.w.s. 2(24)(x) of the Income Tax Act.

If an evidence is relied upon, it should be considered in its entirety: ITAT Jaipur

December 23, 2023 984 Views 0 comment Print

ITAT Jaipur rules in favor of Rakesh Sharma, rejecting the addition of Rs. 22,54,250 under Section 69 for AY 2008-09, emphasizing the genuineness of bank transfers and cash withdrawals for cash deposits.

Revisionary proceedings initiated in the name of non-existent entity is invalid

December 23, 2023 915 Views 0 comment Print

ITAT Kolkata held that revisionary proceedings u/s. 263 initiated in the name of non-existent entity, despite the fact that private limited company was converted into LLP and the conversion was brought to the knowledge of AO, is void ab initio and invalid.

DIN Mandatory in 153D Approval and Section 156 Demand Orders: Delhi ITAT

December 22, 2023 1665 Views 0 comment Print

Explore the landmark ITAT Delhi ruling in Finesse Intl. Design Pvt. Ltd. vs. DCIT. CBDT Circular violation deems assessment order invalid. Know more!

Initiation of penalty proceedings u/s. 271AAB(1A) without specifying default of assessee unsustainable

December 21, 2023 2238 Views 0 comment Print

ITAT Jaipur held that initiation of penalty proceedings u/s. 271AAB(1A) of the Income Tax Act without specifying the ground and default on the part of the assessee and also without specifying the undisclosed income on which penalty was proposed to be levied is unsustainable-in-law.

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