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ITAT deletes Section 68 addition for LTCG from penny stock

February 2, 2024 5058 Views 0 comment Print

ITAT Mumbai deletes LTCG addition in penny stock case, ruling in favor of Assessee. Landmark decision emphasizes genuine transactions and compliance.

Section 11: Renovation Expenditure on School Building Allowable as Application of Income, Ownership Not a Prerequisite

February 1, 2024 1299 Views 0 comment Print

Explore the ITAT Mumbais decision favoring Bombay Society of the Salesian Sisters India, allowing the expenditure on school building repairs and property taxes as an application of income for charitable purposes.

No Penalty on Estimated Addition for Bogus Purchases: ITAT Mumbai

February 1, 2024 828 Views 0 comment Print

Explore the case of Dombivali Paper Mfg. Co. challenging penalty under section 271(1)(c) for alleged bogus purchases. Detailed analysis, tribunal’s view, and legal insights provided.

Section 54F exemption disallowance cannot lead to imposition of penalty

February 1, 2024 1281 Views 0 comment Print

Explore the case of Ramprasad Nigam vs ITO under Section 271(1)(c) for disallowed exemption claim under Section 54. The penalty is quashed based on accurate disclosure.

Purpose of Loan Acquisition Irrelevant in Determining Expenditure Nature: Revenue vs. Capital

February 1, 2024 759 Views 0 comment Print

Purpose for which loan was acquired is irrelevant to consideration of question whether expenditure/interest on such borrowed capital/loan was revenue expenditure or capital expenditure – Borkar Packaging Pvt. Ltd. Vs ACIT (ITAT Panaji)

Belated filing of Form 10IC for availing lower tax regime: ITAT directs Verification

January 31, 2024 2181 Views 0 comment Print

Explore the details of Traxit Engineers Pvt. Ltd. vs. Assessing Officer case at ITAT Mumbai, involving the dispute over concessional tax rates. ITAT directs verification of Form 10-IC for lower tax regime eligibility.

Section 271(1)(c) Penalty not imposable on Estimated Bogus Purchase Addition

January 31, 2024 2082 Views 0 comment Print

ITAT Mumbai held in Supertech Construction Company Vs ACIT that penalty notice lacked clarity on grounds for penalty & penalties cannot be levied on additions made on Estimated Bogus Purchase Addition.

Failure to prove identity, capacity & genuineness of transactions: ITAT Upholds Addition of Rs 8.18 Crores

January 31, 2024 879 Views 0 comment Print

Midway Exim Pvt. Ltd. appeals against ITAT Delhi’s order upholding the addition of Rs 8.18 crores u/s 68 of the Income Tax Act. The appeal challenges the reassessment proceedings, notice issuance, and provides detailed analysis on share application money.

Legal fiction for deemed dividend should not be extended to broaden concept of shareholders

January 31, 2024 2535 Views 0 comment Print

Legal fiction created u/s. 2 (22)(e) enlarges definition of dividend only and legal fiction is not to be extended further for broadening concept of share holders.

Pending assessments abate as per Section 153A when a search takes place: ITAT Delhi

January 31, 2024 1734 Views 0 comment Print

In a significant decision, ITAT Delhi quashes assessment order in Rajender Agarwal Vs ACIT case, citing abatement under Section 153A after a search. Detailed analysis of the legal arguments and implications.

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