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Order passed u/s 153A without generating DIN is invalid

September 23, 2023 2310 Views 0 comment Print

ITAT Delhi held that for the purpose of Section 153A/143(3) of the Income Tax Act, the assessment can be said to be ‘made’ only when the DIN is quoted on the order before it is signed. Order passed u/s 153A without first generating the DIN is invalid and bad-in-law.

Section 45(3) applies to capital asset transferred to firm by way of capital contribution

September 23, 2023 10335 Views 0 comment Print

ITAT Ahmedabad held that the provision of section 50C of Act cannot be made applicable to transaction of capital assets transferred by assessee to a partnership firm by way capital contribution. Such transaction falls under the provision of section 45(3) of the Income Tax Act.

Benefit u/s 35(2AB) available on expenditure on clinical trials outside approved in-house R&D facility

September 23, 2023 4203 Views 0 comment Print

ITAT Mumbai held that the benefit under section 35(2AB) of the Income Tax Act is also available in respect of expenditure on clinical trials outside the approved in-house R&D facility.

Matter restored as ex-parte addition made towards unexplained investment

September 23, 2023 1020 Views 0 comment Print

ITAT Delhi held that as lower authority made ex-parte addition towards unexplained investment u/s 69 of the Income Tax Act matter restored to CIT(A) for denovo adjudication giving last opportunity to assessee to explain source of investment.

Excess income declared during survey proceedings treated as business income

September 23, 2023 1236 Views 0 comment Print

ITAT Pune held that the excess income declared during the course of survey proceedings cannot be treated as unexplained income, but, the same is treated as business income.

Section 271(1)(c) Penalty Not Automatic for Wrong Claims; Requires Proof of Lack of Bona Fides

September 22, 2023 978 Views 0 comment Print

Read the full text of the ITAT Delhi order in the case of DCIT vs. Sarva Haryana Gramin Bank regarding penalty under Section 271(1)(c) of the Income Tax Act.

ITAT directs Reconsideration of Case by CIT(A) due to Lack of Communication

September 22, 2023 1167 Views 0 comment Print

ITAT Chandigarh’s ruling on the necessity of proper service for Income Tax notices. An in-depth analysis of Sandeep Kumar vs. ITO case. Learn more.

Business Maintenance Expenses cannot be disallowed arbitrarily

September 22, 2023 1488 Views 0 comment Print

ITAT Delhi’s ruling on disallowing business expenses under Section 37 of the Income Tax Act. Analysis of Giri Buildwell Pvt. Ltd. vs. DCIT case. Learn more.

ITAT Orders Remand for Correct Fact-Finding in Negligent Appeal Dismissal

September 22, 2023 783 Views 0 comment Print

Explore the ITAT Amritsar’s order in the case of Smt. Bharti Singh vs. DCIT, involving a remand for accurate fact-finding after negligent appeal dismissal.

Reassessment without jurisdiction if grounds on which reassessment notice was issued were not found to exist

September 22, 2023 1314 Views 0 comment Print

Explore the ITAT Amritsar order in the case of Smt. Bharti Singh vs. ACIT, covering reassessment jurisdiction, reasons, and legal implications.

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