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Cooperative Society’s Interest Earnings from cooperative banks: Deduction u/s 80P(2)(d) Available

July 22, 2023 1380 Views 0 comment Print

ITAT Pune held that interest income earned by the cooperative society from the investment with cooperative banks qualifies for deduction under section 80P(2)(d) of the Income Tax Act.

No Section 271(1)(c) Penalty if no Variation in Returned & Assessable Income

July 22, 2023 10074 Views 0 comment Print

ITAT has held in the case of Meera Anirudha Mirgunde Vs ITO that when there is no variation in the returned and assessable income, penalty under section 271(1)(c) of the Income Tax Act is not leviable.

Section 11 exemption cannot be denied for Delayed Form 10B submission

July 22, 2023 2031 Views 0 comment Print

Discover the details of the ITAT Kolkata ruling in the case of India Industrial Mission Vs DCIT regarding the delay in filing Form 10B and the implications for exemption under Section 11 of the Income-tax Act.

ITAT Upholds Enhanced Addition for Unsubstantiated Advertising & Marketing Expenses

July 22, 2023 678 Views 0 comment Print

The ITAT Delhi has upheld the enhanced addition of Advertising & Marketing Expenses in the case of HPL Additives Ltd Vs DCIT, citing the failure to substantiate the business purpose of the expenses.

Section 43B: Custom duty allowable in the year of payment

July 21, 2023 2328 Views 0 comment Print

The tribunal observed that the liability to pay the Customs Duty had crystallized during the relevant year, as the company could not fulfill its export obligation. Therefore, the deduction of the Customs Duty was allowable in the same year. The ITAT Chennai cited Section 43B of the Income Tax Act, which allows deductions for statutory dues in the year of payment, irrespective of the accounting method followed by the assessee.

Addition for under valuation of closing stock without corresponding adjustment in opening stock is unsustainable

July 21, 2023 2754 Views 0 comment Print

ITAT Kolkata held that making the addition for under valuation of closing stock for not adding making charges specifically for the year under appeal cannot be held to be justified unless and until corresponding adjustment is made for the opening stock. Accordingly, addition deleted.

De novo adjudication ordered as CIT(A) passed ex-parte order due to non-appearance

July 21, 2023 2826 Views 0 comment Print

ITAT Mumbai held that CIT(A) has passed the order ex-parte due to the non-appearance of/on behalf of the assessee. Accordingly, de novo adjudication ordered as CIT(A) didn’t rendered any finding on merits.

No Section 54B Exemption for Agricultural Land Bought in Son/Daughter-in-law’s Name

July 21, 2023 2136 Views 0 comment Print

ITAT Pune held that exemption under section 54B of the Income Tax Act based on new agricultural land bought in the name of the son and daughter-in-law and not in the name of the assessee is not allowable.

Land held as investment is assessable to tax under the head ‘capital gain’

July 21, 2023 1485 Views 0 comment Print

ITAT Nagpur held that the assessee is undoubtedly entitled to hold two different portfolios in respect of the same kind of asset i.e. stock in trade and investment. Since, the land was held as investment the same is assessable to tax under the head ‘capital gain’.

CIT(A) Order based on fresh evidence without opportunity to AO is unsustainable

July 21, 2023 429 Views 0 comment Print

ITAT Chennai held that CIT(A) deleted disallowance of interest made u/s 36(1)(iii) based on the fresh evidences furnished by the assessee. However, CIT(A) failed to afford an opportunity to AO to verify the fresh evidence which is in violation of Rule 46A and hence order remanded back to AO to verify the evidences.

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