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ITAT Restores Matters for Fresh Decision by CIT(A) to grant Assessee fair opportunity

June 13, 2023 918 Views 0 comment Print

In a recent case, the ITAT found that the assessee did not receive a fair opportunity to represent its case before the first appellate authority due to circumstances beyond its control. As a result, the ITAT set aside the first appellate authority’s orders and restored the matters for a fresh decision.

Government Grants for specific purpose cannot be treated as Income of Assessee

June 13, 2023 2799 Views 0 comment Print

In a recent case (Howrah Improvement Trust vs. DCIT) heard by ITAT Kolkata, the addition of government grants as corpus or income was deleted.

Lessor’s Right to Depreciation on Leased Assets in Finance Lease Upheld by ITAT Delhi

June 13, 2023 5859 Views 0 comment Print

In a recent case (DCIT vs. Religare Finvest Ltd) heard by ITAT Delhi, it was ruled that lessor is entitled to claim depreciation on leased assets under a finance lease agreement.

Foreign Currency Convertible Bond expenses included as FCCB premium expense is allowable

June 13, 2023 903 Views 0 comment Print

ITAT Mumbai held that FCCB i.e. Foreign Currency Convertible Bond expenses included as part of FCCB premium expenses is allowable.

No Section 271(1)(b) Penalty if Assessment completes U/s. 143(3)

June 13, 2023 5007 Views 0 comment Print

Explore the outcome of Ramabhai Kanjibhai Patel vs DCIT where the ITAT Surat negates penalty under Income Tax Act Section 271(1)(b) when the assessment gets completed under Section 143(3).

Revision u/s 263 rightly invoked as AO failed to inquire valuation of shares vis-à-vis provisions of section 56(2)(viib)

June 13, 2023 537 Views 0 comment Print

ITAT Kolkata held that AO failed to make required enquiries to go into the question of valuation of shares given by the accountant for the purpose of assessment of income as per provisions of section 56(2)(viib). Accordingly, revisionary power under section 263 rightly invoked.

Section 263 can be invoked if Assessment was completed without proper inquiry

June 13, 2023 978 Views 0 comment Print

A deep dive into the Kute Sons Dairys Ltd Vs PCIT case, highlighting implications of an assessment completed without proper inquiry and legal justifications for invoking revision u/s 263.

Additional evidence cannot be relied to delete addition if Remand Report not called

June 13, 2023 906 Views 0 comment Print

ITAT Ahmedabad remands Bhavesh Sureshchandra Shah’s case back to the AO for detailed verification of a Rs. 2.09 crores unexplained income claim, highlighting the need for comprehensive examination of bank statements and evidence.

Amendment to section 40(a)(ia) vide Finance (No.2) Act, 2014 effective from AY 2015-2016

June 13, 2023 897 Views 0 comment Print

ITAT Mumbai held that amendment to section 40(a)(ia) of the Income Tax Act vide the Finance (No.2) Act, 2014 is effective from 01/04/2015 and shall be applicable from the Assessment Year 2015-2016.

Addition restricted to 25% in case of bogus purchase

June 13, 2023 4167 Views 0 comment Print

ITAT Delhi held that addition in case of bogus purchases is restricted to the extent of 25% of the purchases. As lower authorities made addition of 25% of bogus purchase, the same is sustainable.

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