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Interest on TDS being compensatory in nature is allowable u/s 37(1)

October 3, 2023 5232 Views 0 comment Print

ITAT Jaipur held that interest paid on TDS is compensatory in nature and is a business expenditure allowable u/s 37(1) of the Income Tax Act

Section 271(1)(c) penalty unjustified without Income Concealment or Inaccurate Particulars

October 3, 2023 3930 Views 0 comment Print

ITAT Delhi held that imposition of penalty u/s. 271(1)(c) of the Income Tax Act unsustainable in absence of any concealment of income or furnishing inaccurate particulars of income by the assessee.

Donations to Specified Institutions for CSR Compliance Qualify for Sec. 80G Deduction

October 3, 2023 3501 Views 0 comment Print

ITAT Hyderabad held that donations given for compliance with Corporate Social Responsibility (CSR) u/s. 135 of Companies Act to institutions mentioned in Section 80G are qualified for deduction u/s. 80G of the Income Tax Act.

Amendment to provisions of section 50C(1) is retrospective in nature

October 3, 2023 3702 Views 0 comment Print

ITAT Hyderabad held that amendment to provisions of section 50C(1) of the Income Tax Act is retrospective in nature and hence the value adopted or assessed or assessable by the Stamp Valuation Authority on the date of agreement has to be taken for the purpose of full value of the consideration.

No Deduction u/s 80I(4) of Income Tax Act to be Allowed without Agreement between Assessee and Government /Statutory body: ITAT

October 3, 2023 1311 Views 0 comment Print

DCIT Vs HES Infra Private Limited (ITAT Hyderabad) The Hyderabad Bench of Income Tax Appellate Tribunal (ITAT) held that the agreement was not entered between the assessee and the Government / Statutory Government and there was a violation laid down by the statute and therefore, the assessee is not entitled to claim deduction The assessee […]

Income Tax Act Section 43CA Provisions Effective Since April 1, 2014

October 3, 2023 4035 Views 0 comment Print

ITAT Mumbai held that provisions of Section 43CA of the Income Tax Act are effective only from 1st April 2014. Accordingly, the same are not applicable when part payment was received in 2010.

Addition u/s 68 of Income Tax Act based on retracted statement unsustainable

October 3, 2023 3465 Views 0 comment Print

ITAT Mumbai held that addition u/s. 68 of the Income Tax Act merely based on statement of the key person which was retracted subsequently unsustainable as genuineness, identity and creditworthiness proved.

Disallowance u/s 40A(3) sustained as benefit of exception u/r 6DD(f) not eligible

October 3, 2023 1356 Views 0 comment Print

ITAT Delhi held that the payment of assessee made in cash in violation of section 40A(3) of the Act is not eligible for benefit of exceptions envisages under Rules 6DD(f) in absence of any evidence supporting identity and genuineness of the supplier.

Revisional Power: Difference of Opinion Alone Insufficient to invoke Section 263

October 3, 2023 885 Views 0 comment Print

In a recent case, ITAT Delhi ruled that having a difference of opinion alone is insufficient to invoke Section 263 of the Income Tax Act.

No section 271(1)(c) penalty on non-existing or deleted disallowances

October 3, 2023 1902 Views 0 comment Print

ITAT Delhi rules that penalties under section 271(1)(c) of the Income Tax Act cannot be imposed based on non-existing or deleted disallowances.

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