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Unjustified Addition of Section 68: Lack of Incriminating Material During Search

July 20, 2023 813 Views 0 comment Print

ITAT Mumbai held that addition u/s 68 of the Income Tax Act towards share application money unsustainable since they are not based on any incriminating material found during the course of search.

Cash deposit against Sum received from mother-in-law – ITAT directs re-adjudication

July 20, 2023 759 Views 0 comment Print

Key takeaways from the Pawanveer Singh vs ITO case: ITAT Delhi calls for fresh adjudication concerning the income tax on a settlement sum received from a mother-in-law.

Penalty Invalid Due to Defective Notice Issued u/s 271(1)(c) of Income Tax Act

July 20, 2023 696 Views 0 comment Print

The ITAT Delhi nullifies the penalty imposed under Section 271(1)(c) of the Income Tax Act on Meena Singhal, as the notice issued did not specify the particular charge.

Section 263 cannot be exercised by CIT for reliance by AO on affidavit

July 20, 2023 414 Views 0 comment Print

ITAT Delhi has quashed the revision order in the C. M. Buildcon Pvt. Ltd. vs PCIT case, emphasizing the legitimacy of transactions through proper banking channels. Get insights from the case analysis

Addition u/s 68 unsustainable as genuineness, identity & creditworthiness of creditors proved

July 20, 2023 7536 Views 0 comment Print

ITAT Delhi held that addition towards unexplained credits under section 68 of the Income Tax Act unsustainable as genuineness, identity and creditworthiness of the creditors proved.

Rectification order u/s 154 quashed in absence of mistake apparent on record

July 20, 2023 2469 Views 0 comment Print

ITAT Mumbai held that the issue of allowance of sales promotion expenses (including freebies) in the hands of Appellant was debatable and it cannot be said that allowance of deduction of sales promotion expenses by AO resulting in a mistake apparent on record. Thus, in absence of mistake apparent on record, order passed u/s 154 liable to be quashed.

No Penalty for Non-Audit under Section 271B without Bookkeeping Requirement

July 20, 2023 1563 Views 0 comment Print

An analysis of the landmark case Taranjeet Singh Alagh vs ITO, in which the ITAT Delhi provides key clarifications on the penalties under section 271B of the Income Tax Act relating to account audits and book maintenance.

Mere incorrect claims in ITR not amounts to concealment of income

July 20, 2023 1296 Views 0 comment Print

ITAT Pune has set aside an NFAC order in the Kongnoli Sarva Seva Society Ltd vs ITO case. The ruling established that incorrect claims of deductions or expenses in ITR does not equate to the concealment of income

Exclusion of Management Support Services from Article 12(4) of India-Singapore DTAA

July 20, 2023 768 Views 0 comment Print

ITAT Delhi held that provision of management support services to various hotels in India doesn’t come under Article 12(4) of India -Singapore DTAA. Accordingly, addition unsustainable.

Haryana Rifle Association Wins Appeal Over Charitable Status: ITAT Delhi

July 20, 2023 678 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) in Delhi ruled in favor of the Haryana Rifle Association, deeming its activities not to be commercial. The tribunal found that the association was indeed eligible for registration under sections 12AA and 80G of the Income Tax Act.

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