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Unsustainable Addition u/s 68: Assessee Discharges Onus, Revenue Fails

July 20, 2023 846 Views 0 comment Print

ITAT Chennai held that once the assessee has discharged its primary onus of fulfilling the three ingredients of section 68 of the Income Tax Act, the further onus was on revenue to make further enquiry. However, since the onus lying on the revenue was not discharged, addition u/s 68 couldn’t be sustained.

Carrying Forward of Excess Application of Income When Receipts Are Less to succeeding year allowed

July 20, 2023 2760 Views 0 comment Print

ITAT Ahmedabad held that when application of income is more than receipts of year, excess application of income i.e., expenditure in the hands of the assessee can be carried forward to succeeding Year.

ITAT Mumbai Rules No Section 271(1)(c) Penalty on Estimated Additions

July 20, 2023 1485 Views 0 comment Print

The ITAT in Mumbai cancels penalties levied under Section 271(1)(c) of the Income Tax Act, in the case of Fancy Diamonds India Pvt Ltd. The tribunal held that such penalties aren’t applicable when additions are made purely on estimation

Disallowance of Payment for PF & ESI Employee Contributions Beyond Due Date (Section 36(1)(va))

July 20, 2023 109386 Views 1 comment Print

ITAT Mumbai held that payment on account of employees contribution towards PF and ESI after the due date of the respective acts is disallowable in terms of section 36(1)(va) of the Income Tax Act.

Amount of carbon credit received is a capital receipt

July 20, 2023 1566 Views 0 comment Print

ITAT Mumbai held that proceeds received by assessee-company carrying on business of power generation on sale of certified emission reduction credit (carbon credit) is a capital receipt and not business income.

No Disallowance for Short Deduction of TDS under Section 40(a)(ia)

July 20, 2023 11328 Views 0 comment Print

An in-depth examination of the recent ITAT Ahmedabad verdict in the DCIT vs. Shiv Build case. The ruling highlights that no disallowance under Section 40(a)(ia) can be made for the short deduction of tax, creating a precedent for future cases.

Commission from Accommodation Entry to be Included in Total Income

July 20, 2023 1668 Views 0 comment Print

Analysis of the recent ITAT Mumbai judgment concerning Secunderabad Healthcare Ltd Vs CIT, focusing on the inclusion of commission earned from accommodation entry in the total income of the assessee.

Adequate Assessment Inquiry by AO Bars Section 263 Revisionary Powers

July 20, 2023 1101 Views 0 comment Print

The ITAT Pune overturned a revisionary order of Pr. Commissioner of Income Tax-1, asserting that no revision is necessary under section 263 of the Income Tax Act if the Assessing Officer (AO) conducts appropriate verification during the assessment.

Cash Deposits during Demonetization Linked to LPG Cylinder Sale: ITAT directs Reconsideration

July 19, 2023 1506 Views 0 comment Print

A detailed analysis of the recent ITAT Bangalore ruling in Anaveer Proprietor Vs ITO. The matter has been restored for reconsideration of the source of cash deposits during demonetization linked with LPG cylinder sales.

Delayed deposit of employee contributions to PF/ESIC – ITAT upholds addition

July 19, 2023 1164 Views 0 comment Print

The Delhi bench of ITAT rules against Gopi Mani Kuttan on delayed deposit of employee contributions to PF/ESIC, in compliance with income tax laws. The article explores the verdict in detail and provides an analysis of the implications of the ruling.

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