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ITAT Rules: Income Determination Based on Surmise and Conjecture is Illegal

July 21, 2023 1968 Views 0 comment Print

Delve into the latest Income Tax Appellate Tribunal (ITAT) Delhi’s judgement on the case of DCIT Vs Vinod Kumar Bajaj, discussing the illegality of income determination based on conjecture and presumption.

ITAT Quashes Reassessment Order Due to Non-Issue of Notice

July 21, 2023 1143 Views 0 comment Print

Discover the case of Sohanbir Sing Vs Assessing Officer, where the ITAT Delhi ruled that failure to issue notice for reassessment cannot be remedied under Section 292B of the Income Tax Act.

No Ad-hoc Disallowance for Railway Site Expenses without Rational Basis

July 20, 2023 582 Views 0 comment Print

In the case of Durga Signal Infra Pvt. Ltd. vs ACIT, ITAT Kolkata rules that there should be no disallowance made under Section 37(1) of the Income Tax Act for site expenses incurred for railway business. Learn about the case, its analysis, and conclusion.

Loss from derivative trading can be set off against regular business income

July 20, 2023 3921 Views 0 comment Print

Detailed analysis of the ITAT Kolkata ruling in favor of Kippy Engineering Pvt Ltd, where the tribunal deleted an addition made from losses in derivative trading adjusted with business income.

HRA Deduction: Rent Paid to Wife Qualifies under Section 10(13A)

July 20, 2023 63528 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Delhi has ruled in favor of Aman Kumar Jain against the Income Tax Officer, permitting rent paid to a wife as eligible for HRA deduction under section 10(13A) of the Income Tax Act.

Quantum Appeal Allowed, Section 54F Deduction Granted: Penalty Vacated

July 20, 2023 882 Views 0 comment Print

Read the full text of the order of ITAT Jaipur in the case of Lalit Kumar Kalwar Vs ITO. The quantum appeal is allowed, and the deduction under Section 54F is granted, resulting in the penalty being vacated.

No Penalty under Section 271A for Maintained Books of Account

July 20, 2023 4386 Views 0 comment Print

The ITAT Bangalore in the case of Suresh Sharma vs ITO reaffirms the principle that penalty proceedings under Section 271A of the Income Tax Act cannot be initiated if the Books of Account are properly maintained

Reassessment Proceedings Invalid Without New Tangible Material

July 20, 2023 1005 Views 0 comment Print

Explore the ITAT Chennai ruling in the V.K. Sasikala vs DCIT case, where the importance of tangible new material in reassessment proceedings has been underscored. Learn how the tribunal’s decision impacts the treatment of reassessment cases in Indian Tax Law.

Interest free loan to non-related company without registered MOU creates reasonable doubt

July 20, 2023 1221 Views 0 comment Print

ITAT Delhi held that huge amount as interest free advances given to company which is neither relative/ partner nor connected with Assessee based on MOU which is neither on stamp paper nor stamped or registered creates a reasonable doubt. Matter remanded for further inquiry.

Section 68 Addition for unsecured loan Upheld as assessee failed to discharge primary onus

July 20, 2023 4332 Views 0 comment Print

ITAT Delhi held that addition towards unsecured loan under section 68 of the Income Tax Act sustained as assessee failed to discharge the primary onus and burden of proof of providing genuineness, creditworthiness and identity of creditors to the satisfaction of the A.O.

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