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Bad debts relating to non-rural branches are allowable u/s 36(1)(vii)

May 18, 2023 1341 Views 0 comment Print

ITAT Bangalore held that bad debts relating to non-rural branches are allowable under section 36(1)(vii) of the Income Tax Act.

Provisions of section 56(2)(viia) applicable on shares received on account of amalgamation

May 18, 2023 4938 Views 0 comment Print

ITAT Hyderabad held that provisions of section 56(2)(viia) of the Income Tax Act are attracted on shares received by the assessee company on account of amalgamation.

Mere non-reference of cash transaction doesn’t render assessment order erroneous and prejudicial

May 18, 2023 1224 Views 0 comment Print

ITAT Raipur held that mere non-reference by AO about the cash transaction entered into by the assesse doesn’t render the assessment order passed by AO as erroneous and prejudicial to the interest of revenue. Accordingly, revisional proceedings u/s 263 unjustified.

Benefit of deduction of 7.5% of total income available to co-operative banks u/s. 36(1)(viia)

May 18, 2023 1977 Views 0 comment Print

ITAT Cochin held that benefit of deduction of 7.5% of the total income is available to co-operative banks under clause (viia) of section 36(1) of the Income Tax Act.

Non-quoting of DIN renders Income Tax order invalid

May 18, 2023 2619 Views 0 comment Print

ITAT Hyderabad held that non-generation/ non-quoting of Document Identification Number (DIN) in the order will render the order invalid and will be treated as never to have been issued.

Maharashtra State Board of Technical Education would fall under definition of ‘state’ as per Article 12

May 18, 2023 1386 Views 0 comment Print

ITAT Mumbai held that the Maharashtra State Board of Technical Education (MSBTE) would fall under the definition of state as per Article 12 of the Constitution of India.

Order passed on non-existing entity is liable to be quashed

May 18, 2023 1623 Views 0 comment Print

ITAT Delhi held that assessment order passed on non-existing entity (dissolved company) is liable to be quashed as the Assessing Officer has the knowledge of the dissolution of the company.

ITAT deletes Addition for Cash Deposit which was based on strange logic

May 18, 2023 885 Views 0 comment Print

ITAT find from assessment order that there has been no abnormal cash deposit and assessment order is based on estimation and strange logic and without any legal basis and hence, held to be legally invalid.

No section 271B Penalty for not getting audited due to bonafide belief of non-applicability of Tax Audit

May 18, 2023 987 Views 0 comment Print

Admittedly, the assessee had got the books of account audited for the first time for the relevant assessment year. Prior to the relevant assessment year, the assessee was under the bonafide belief that only the gross commission receipts are to be taken as turnover for the purpose of audit.

On-money received on sale of agricultural land, even when not declared, is also exempt & cannot be taxed

May 18, 2023 8646 Views 0 comment Print

Explore the ITAT Delhi ruling on the taxation of on-money received on the sale of agricultural land, examining the exemption and tax implications under the Income Tax Act.

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