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Addition of unexplained investment unsustained on failure to establish that society was benamidar of assessee

July 30, 2023 1476 Views 0 comment Print

ITAT Raipur held that addition towards unexplained investment unsustainable as AO failed to place on record any material which would conclusively establish that the said society was a benamidar of the assessee. Accordingly, addition based on bald allegation couldn’t be accepted.

Traffic Rule Violation: Compounding Fee allowable as Business Expense

July 30, 2023 1548 Views 0 comment Print

ITAT Delhi held that payment of compounding fee for violation of provision under the Motor Vehicles Act, 1988 and Rules are allowable as business expenditure under section 37(1) of the Income Tax Act.

Demerger: Depreciation is allowed on WDV Based on Consideration Paid

July 30, 2023 2256 Views 0 comment Print

ITAT Raipur held that assessee company was entitled for depreciation on WDV on consideration that was paid by it and not on WDV that was lastly shown by CSEB, before its disintegration.

Mere denial of claim of deduction doesn’t attract penalty u/s 271(1)(c)

July 29, 2023 2358 Views 0 comment Print

ITAT Ahmedabad held that imposition of penalty under section 271(1)(c) of the Income Tax Act unjustified as denial of claim of deduction u/s 80HH/ 80IA doesn’t tantamount to concealment of income and/or furnishing of inaccurate particulars of income.

Old currency notes receipt for booking of railway tickets allowed during demonetization

July 29, 2023 1110 Views 0 comment Print

ITAT Surat held that addition towards cash deposited during demonetization period unwarranted as booking of railway tickets were allowed by way of old currency notes. Here, cash were received from various travelers for booking of railway tickets.

Addition u/s 68 confirmed on failure to discharge initial burden

July 29, 2023 1449 Views 0 comment Print

ITAT Delhi held that addition under section 68 of the Income Tax Act confirmed as assessee grossly failed to discharge initial burden of explaining and proving credit entries in the books of account.

Passing of final assessment order u/s 144C(13) without draft assessment order is unlawful

July 29, 2023 2709 Views 0 comment Print

ITAT Mumbai held that assessing officer passed final assessment order u/s 144C(13) r.w.s 143(3) without passing a draft assessment order u/s 144C(1), said order being violative of provisions of Sec. 144C(1) deserved to be set aside.

ITAT Upholds Non-Granting of TDS Benefits to MD & CEO of company

July 29, 2023 840 Views 0 comment Print

Read the full text of the order of ITAT Kolkata in the case of Anirudh Bhuwalka vs DCIT. The ITAT upheld the non-granting of TDS benefits due to non-deposition of TDS in the assessees income.

Addition based on Dumb Documents without corroborative evidence is Unsustainable

July 29, 2023 6243 Views 0 comment Print

ITAT Delhi held that presumption u/s. 132(4A) of the Income Tax Act is only against the person in whose possession the search material is found and not against any other person. Addition based on dumb documents without corroborative evidence is unsustainable in law.

Receipt of architectural design services cannot taxed as FTS or Royalty

July 29, 2023 4446 Views 0 comment Print

ITAT Delhi held that the payments received by the assessee in view of architectural design services rendered to its clients in India are not chargeable to tax as FTS in terms of Article 12(4) of the India-Singapore DTAA.

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