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Exemption u/s 54B not available when property not purchased in name of assessee

May 27, 2023 1839 Views 0 comment Print

ITAT Chandigarh held that exemption under section 54B of the Income Tax Act is not available when property was not purchased in the name of the assessee.

Addition u/s 69C simply based on scribbling notes without any other evidences is unwarranted

May 27, 2023 1806 Views 0 comment Print

ITAT Mumbai held that addition towards unexplained expenditure u/s 69C of the Income Tax Act simply on the basis of scribbling note without any other oral/ documentary evidences is unwarranted and unsustainable.

Violation of principles of natural justice – ITAT restores matter back to AO

May 26, 2023 6333 Views 0 comment Print

ITAT Amritsar orders restoration of Bashir Ahmad Sofi’s case due to violation of natural justice. Ex parte orders quashed, fresh assessment directed.

CIT(A) cannot change section under which AO made addition during assessment

May 26, 2023 5031 Views 0 comment Print

Delve into the intricacies of the case Smt. Sekar Jayalakshmi Vs ITO (ITAT Chennai), analyzing the discrepancy between Section 68 and Section 69A of the Income Tax Act.

Section 54F Deduction allowed despite Non-Construction of New House within Prescribed Time Limit  

May 26, 2023 11016 Views 0 comment Print

Delve into the Sharada Mohan Shetty Vs ITO case, analyzing the intricacies of Sec. 54F exemption claim, construction delays, and legal implications.

Withdrawing benefit of TDS on advance rent received unjustified: ITAT Delhi

May 25, 2023 2772 Views 0 comment Print

ITAT Delhi held that the revenue authorities are not entitled to appropriate the taxes which have been paid in excess of the due taxes to be paid by the assessee. Accordingly, reducing refund by withdrawing benefit of TDS on advance rent received is unjustified.

Matter resorted to find out specification of term ‘every month’ in clause 38 of EPF scheme

May 25, 2023 2304 Views 0 comment Print

ITAT Mumbai resorted back the matter to AO with direction to find out from the relevant PF authorities about the term every month as mentioned in Clause 38 of the Employees Provident Fund Scheme (EPF Scheme).

TDS provisions not applicable on Year end Provisions in absence of ascertainable amount & identifiable payee,

May 25, 2023 20511 Views 0 comment Print

ITAT held that in the absence of an ascertainable amount and identifiable payee, the machinery provisions of recovering tax deducted at source falls flat

Approval accorded u/s. 153D without application of mind is unenforceable in law

May 25, 2023 2262 Views 0 comment Print

ITAT Delhi held that hollow and cosmetic approval accorded under section 153D of the Income Tax Act without application of mind is unenforceable in law and hence liable to be quashed.

Reassessment merely based on information received from investigation wing is bad in law

May 25, 2023 4107 Views 0 comment Print

ITAT Delhi held that reopening of assessment proceedings merely on the basis of information received from the investigation wing is invalid and bad in law and hence liable to be quashed.

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