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Unsustainable Addition: Foreign Exchange Loss – Deduction Previously Allowed

June 11, 2023 915 Views 0 comment Print

ITAT Mumbai held that addition made on account of foreign exchange loss unsustainable as the same is duly allowed as deduction by the Tribunal in past

Revisionary power u/s 263 unjustified as due enquiry carried out by AO

June 11, 2023 819 Views 0 comment Print

ITAT Chandigarh held that invocation of revisionary powers under section 263 post due enquiry carried out by AO and assessment order passed with due application of mind is unjustified and untenable in law

Deduction u/s 80IC claimed via belated return is permissible

June 11, 2023 2772 Views 0 comment Print

ITAT Delhi held that deduction under section 80IC of the Income Tax Act is permissible on account of belated filing of return beyond the prescribed time limit under section 139(1) of the Income Tax Act.

Oil wells are plant and machinery and eligible for higher depreciation

June 10, 2023 1911 Views 0 comment Print

ITAT, Ahmedabad in Joshi Technologies International Inc. v. ADIT held that oil wells are plant and machinery, and accordingly, higher depreciation would be allowed

Penalty u/s 271(1)(c) towards addition not made voluntary is justified

June 10, 2023 1851 Views 0 comment Print

ITAT Hyderabad held that as addition was not made voluntary but was made only after the search and incriminating evidences found during the search, accordingly, penalty u/s 271(1)(c) of the Income Tax Act towards such addition is sustainable.

Deduction u/s 80P(2)(d) available to co-operative society towards interest earned from co-operative banks

June 10, 2023 2619 Views 0 comment Print

ITAT Bangalore held that assessee, being a employees housing co-operative society, is eligible for deduction u/s 80P(2)(d) in respect of interest earned from co-operative banks.

Interest on money borrowed for business is allowable as business expenditure

June 10, 2023 1680 Views 0 comment Print

ITAT Ahmedabad held that interest paid on money borrowed for the purpose of business is allowable as business expenditure.

Section 50C provision not applicable to section 54F exemption calculations

June 10, 2023 5913 Views 0 comment Print

ITAT Jaipur reinforces section 54F’s applicability, highlighting the distinction between actual sale consideration and stamp duty value for capital gains exemption, affirming the principle of real consideration over deemed value for investment in new assets.

Section 69C cannot be invoked if expenditure is duly accounted in books & Source is shown

June 10, 2023 5271 Views 0 comment Print

ITAT Jodhpur upholds CIT(A)’s decision, negating the AO’s addition of Rs. 1.62 crore under Section 69C for Shri Prahalad Rai Rathi. The judgment clarifies all transactions were through banking, dismissing the alleged unexplained expenditure and unsecured loans as baseless.

Income tax law never contemplates to apply Section 14A to a taxable income

June 10, 2023 573 Views 0 comment Print

Precondition of applicability of S. 14Ahas not been fulfilled in the present case in as much the law never contemplates to apply S. 14A in relation to a taxable income as in the present case

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