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Penalty u/s 271(1)(c) unsustainable in absence of recording of satisfaction

June 14, 2023 1368 Views 0 comment Print

ITAT Mumbai held that recording of satisfaction for initiating penalty u/s 271(1)(c) of the Act is not in accordance with the provisions of the Act, accordingly, penalty u/s 271(1)(c) not sustained.

ITAT Ahmedabad Deletes Late Filing Fee for TDS Return Due to Human Error

June 14, 2023 1173 Views 0 comment Print

ITAT Ahmedabad has allowed the appeal of Kanta Govind Singh against the levy of a late filing fee under section 234E for a TDS return. The appellant, a senior citizen, had promptly deposited the TDS amount but had inadvertently filed the return late due to old age and human error. The ITAT deemed the procedural error as not warranting the imposition of a heavy late filing fee under Section 234E of the Income Tax Act.

ITAT Delhi dismisses Claim for delayed deposit of Employees’ Contribution to PF & ESI

June 14, 2023 726 Views 0 comment Print

ITAT Delhi dismisses Drishti Apparels’ appeal against disallowance of PF and ESI deduction due to delayed deposit, aligning with Supreme Court decision.

ITAT Delhi Allows Deduction u/s 35(2AB) Ignoring Absence of Form 3CL

June 14, 2023 921 Views 0 comment Print

ITAT held that the genuineness of the expenditure was not in doubt, and the first appellate authority erred in ignoring Form 3CL issued by the competent authority. The disallowance of Rs.29,05,724/- was deemed unsustainable and deleted.

ITAT Bangalore Quashes Assessment Order Due to Invalid Notice under Section 143(2)

June 14, 2023 708 Views 0 comment Print

ITAT Bangalore has quashed assessment order in case of Rajiv Gandhi University of Health Sciences against ACIT. Grounds for invalidation were non-service of a mandatory notice under section 143(2) of Income-tax Act.

Condonation of delay in filing of appeal granted in absence of malafide or deliberate intention

June 13, 2023 21312 Views 0 comment Print

ITAT Mumbai held that as there was no malafide or deliberate in action on the part of the assessee in filing the appeal with delay of 387 days before the Ld. CIT(A). Accordingly, it was directed to CIT(A) to condone the delay.

Section 44BB has no application in absence of Permanent Establishment

June 13, 2023 1482 Views 0 comment Print

ITAT Delhi held that in absence of a Permanent Establishment, provisions of section 44BB of the Income Tax Act has no application.

Exemption u/s 54B is available to HUF with effect from 1st April 2013

June 13, 2023 1416 Views 0 comment Print

ITAT Delhi held that post amendment by Finance Act, 2012 which is effective from 1st April 2013, the exemption u/s 54B of the Income Tax Act is also available to HUF.

Section 153C: ITAT Delhi dismisses Revenue’s Appeal due to Lack of Jurisdiction

June 13, 2023 837 Views 1 comment Print

The ITAT Delhi has dismissed the Revenue’s appeal in the case of ACIT vs. Cogent Realtors Pvt. Ltd. The appeal was dismissed based on the lack of jurisdiction under Section 153C of the Income Tax Act due to the absence of incriminating material. The disallowance made by the Assessing Officer was also found to be unsustainable.

ITAT Pune Upholds Section 271B Penalty for Failure to File Audit Report

June 13, 2023 552 Views 0 comment Print

ITAT Pune upholds penalty under Section 271B against Santosh Swarupchand for not filing an audit report, citing contradictions in an accountant’s affidavit.

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