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Reopening of assessment without any new tangible material is untenable in law

June 13, 2023 813 Views 0 comment Print

ITAT Chennai held that reopening of assessment in absence of any failure on the part of the assessee to disclose material facts necessary for the assessment and without any new tangible material is untenable in law.

Benefit of exemption u/s 11 not deniable for delay in furnishing of Form No. 10B

June 12, 2023 6468 Views 0 comment Print

ITAT Ahmedabad held that benefit of exemption under section 11 of the Income Tax Act cannot be denied merely on account of delay in furnishing of audit report in Form No. 10B.

Expenses cannot be treated as bogus merely for accounting subsequent to date of search

June 12, 2023 1053 Views 0 comment Print

ITAT Mumbai held that expenses booked upto the date of survey cannot be treated as bogus only for the reason that the expenses were accounted in the books of account subsequent to the date of search.

Stamp duty value on date of allotment is to be taken as per first proviso to section 56(2)(vii)(b)

June 12, 2023 2628 Views 0 comment Print

ITAT Mumbai held that as per first proviso to section 56(2)(vii)(b), where date of agreement fixing amount of consideration for transfer of property and ate of registration is not same, the stamp duty value on the date of allotment is to be taken.

Benefit of deduction u/s 80IA available towards interest income earned on fixed deposit

June 12, 2023 1821 Views 0 comment Print

ITAT Delhi held that benefit of deduction under section 80IA of the Income Tax Act eligible for interest income earned on fixed deposit.

Disallowance of genuine depreciation claim on very flimsy reason is unjustified

June 12, 2023 1035 Views 0 comment Print

ITAT Delhi held that disallowance of genuine claim of depreciation merely because the depreciation figure is not reflected in column no. 45 of ITR is unsustainable in law. Action of lower authorities of disallowing the genuine claim of depreciation on a very flimsy reason is unjustified.

Income already declared under one head cannot be taxed under other head simultaneously

June 12, 2023 3513 Views 0 comment Print

ITAT held that income of the assessee which is already taxed in one head cannot be taxed under any other head by the Revenue Department.

Educational Institution Eligible for Section 10(23C)(iiiab) Exemption

June 12, 2023 5415 Views 0 comment Print

The appeal involves eligibility of an educational institution for exemption under section 10(23C)(iiiab) of Income Tax Act. It is observed that educational institution in question is substantially financed and meets criteria for exemption under section 10(23C)(iiiab) of Income Tax Act.

Section 68: AO Not Obligated for Further Inquiries till Assessees Fulfill Initial Onus

June 12, 2023 723 Views 0 comment Print

Assessees must thoroughly discharge initial onus under section 68. Until assessee does so, AO is under no obligation to conduct further inquiries.

Scrutiny assessment bad in law if Section 143(2) notice was Time-Barred

June 12, 2023 2214 Views 0 comment Print

ITAT Kolkata nullified addition due to late issuance of Notice under Section 143(2) of Income Tax Act. ITAT concluded that Notice was sent beyond specified deadline, making assessment void ab initio.

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