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Disallowance of late deposit of employees’ share of PF/ ESI beyond due date is justified

May 27, 2023 5778 Views 0 comment Print

ITAT Chandigarh held that late deposit of employees’ share of PF/ ESI contribution to the relevant funds beyond prescribed due date as per respective Act is liable to be disallowed.

Gift from HUF not to be added to income of Karta of such HUF

May 27, 2023 20571 Views 0 comment Print

ITAT Surat held that gift received from HUF cannot be added back to the total income of the assessee being Karta (Manager) of such HUF.

Business promotion expenditure incurred during the course of business is allowable expenditure

May 27, 2023 4785 Views 0 comment Print

ITAT Delhi held that business promotion expenditure incurred for improving the visibility of the brand and sale of the products is routine expenses incurred during the course of the business. Accordingly, the same is allowable expenditure.

Assessee being a local authority is not chargeable to Income tax

May 27, 2023 2874 Views 0 comment Print

ITAT Delhi held that the assessee (M/s. Cane Development Council Titawi) being a local authority are not chargeable to tax in terms of section 10(20) of the Income Tax Act.

Order passed against a non-existing company is liable to be quashed

May 27, 2023 1122 Views 0 comment Print

ITAT Delhi held that the assessment order passed against a non-existing company is void ab initio and hence liable to be quashed.

Addition sustained as onus not discharged by the assessee

May 27, 2023 1293 Views 0 comment Print

ITAT Delhi held that addition sustained as onus to prove genuineness of the transaction is not proved by the assessee.

Taxing under capital gain can be burdened only when cost of acquisition is established

May 27, 2023 2268 Views 0 comment Print

ITAT Delhi held that to burden assessee with capital gain arising out of transfer of immovable property or an interest in it, the cost of acquisition is necessarily to be established. Here, cost of acquisition of so called right of preemption is considered as NIL. Hence, computation provisions fail, therefore capital gains could not have been calculated.

Trade payable duly explained hence addition u/s 68 unjustified

May 27, 2023 2919 Views 0 comment Print

ITAT Chennai held that trade payable appearing in the books of accounts duly explained. Accordingly, addition towards the same u/s 68 of the Income Tax Act is unjustified and liable to be deleted.

Addition u/s 68 sustained as identity and creditworthiness of lenders not proved

May 27, 2023 1041 Views 0 comment Print

ITAT Raipur held that addition towards unexplained cash credits u/s 68 of the Income Tax Act sustained as assessee failed to prove the identity and creditworthiness of lenders of unsecured loans.

Initiation of reassessment in the name of non-existent amalgamated company is without jurisdiction

May 27, 2023 864 Views 0 comment Print

ITAT Kolkata held that reassessment proceeding initiated in the name of non­existent amalgamated company is without jurisdiction, void ab initio and is liable to be annulled.

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