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Assessment u/s 153C beyond six assessment year is without jurisdiction

May 15, 2023 942 Views 0 comment Print

ITAT Mumbai held that the assessment made u/s 153C of the Income Tax Act beyond the six assessment year is without jurisdiction and liable to be quashed.

TDS not deductible by Uber India for payment made to driver partners under Uber App

May 15, 2023 4827 Views 0 comment Print

ITAT Mumbai held that TDS not deductible by Uber India in respect of payment made to driver partners on behalf of Uber BV for the transportation services.

Motor vehicle being a self-propelled vehicle eligible for depreciation @33.40%

May 15, 2023 1947 Views 0 comment Print

ITAT Ahmedabad held that motor vehicles qualify as self-propelled vehicles and accordingly depreciation at the rate of 33.40% available on the same.

Ex-parte order unjustified as revenue failed to carry out primary duty post non-service of notice

May 15, 2023 2502 Views 0 comment Print

ITAT Ahmedabad held that post non-service of notice, revenue failed to carry out its primary responsibility to ascertain whether the company, against which notices were issued, and proceedings under section 148 was contemplated, was existing or not. Accordingly, matter remanded to carry out fresh adjudication.

Same income cannot be taxed in the hands of two persons

May 15, 2023 6207 Views 1 comment Print

ITAT Mumbai held that once whole income i.e. LTCG from sale of joint property purchased is brought to tax in the hands of assessee’s wife and claim is granted by the Coordinate bench, the same income cannot be taxed in the hands of the assessee.

Order passed without adequate reasoning is a non-speaking order

May 15, 2023 2391 Views 0 comment Print

ITAT Hyderabad held that order passed without giving reasons for the conclusions arrived at is a non-speaking order and the same is liable to be set aside.

Reopening of assessment based on mistaken factual premise is unsustainable

May 15, 2023 2367 Views 0 comment Print

ITAT Delhi held that reopening of assessment under section 147 of the Income Tax Act based on mistaken factual premise is unsustainable in law.

Reopening of assessment unsustainable as prerequisite for reopening beyond four years not fulfilled

May 14, 2023 2511 Views 0 comment Print

ITAT Ahmedabad held that reopening of assessment under section 147 of the Income Tax Act is unsustainable as prerequisite laid down in law for reopening of the case beyond four years is not found to be fulfilled.

Assessment order passed is not legal as approval u/s 153D was given in mechanical manner

May 14, 2023 2574 Views 0 comment Print

ITAT Delhi held that assessment order passed under section 153A of the Income Tax Act is not legal and liable to be quashed as approval given under section 153D of the Income Tax Act is granted in a mechanical manner and without application of mind.

Addition u/s 69 sustained as no evidence produced to prove source of cash deposit

May 13, 2023 1833 Views 0 comment Print

ITAT Chennai held that addition under section 69 of the Income Tax Act sustained as no corroborative evidence produced to prove the source for the cash deposits during demonetization period.

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