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Foreign tax credit against form 67 filed before completion of assessment is duly allowable

May 10, 2023 3354 Views 0 comment Print

ITAT Mumbai held that foreign tax credit duly available even if form no. 67 is filed along with the revised return as the form is filed before the completion of the assessment.

Cost of improvement allowed for purchase of AC, curtains, light fittings while computing capital gains

May 10, 2023 5943 Views 0 comment Print

ITAT Chennai held that deduction towards purchase of air conditioner, furnishing of curtains, light fittings is allowable as cost of improvement while computing capital gains.

Revisional jurisdiction u/s 263 not invocable merely because PCIT may entertain different view

May 10, 2023 564 Views 0 comment Print

ITAT Mumbai held that AO took the plausible view of granting the benefit of mutuality after due application of mind. Accordingly, revisional jurisdiction u/s 263 cannot be invoked merely because PCIT may entertain a different view in the matter.

section 68 addition if Assessee duly explained source & disclosed identity of payers

May 10, 2023 1110 Views 0 comment Print

Mujtaba Hussain Ahmed Vs ACIT (ITAT Hyderabad) Undoubtedly, the assessee had sold his ancestral agricultural land admeasuring 1 acre and 25 guntas by way of a registered sale deed dt.23.03.2019. Incidentally, on the date of sale of land, SST Team intercepted the assessee and found cash with him and when the assessee was asked to […]

ITAT directs CIT(A) to examine if mandatory notice u/s 143(2) was issued by AO before issue of reassessment order

May 10, 2023 3333 Views 0 comment Print

Rameshkumar Tagraji Jain Vs ITO (ITAT Mumbai) It is noted that the assessee during the first appellate proceeding before Ld. CIT(A) had filed the written submission mainly assailing the validity of the action of the AO to have framed the reassessment order without issuance of mandatory notice u/s 143(2) of the Act and cited the […]

No Deemed Rent Addition for Unsold Flats declared as Stock In Trade

May 10, 2023 1647 Views 0 comment Print

ITAT held that no addition is maintainable on deemed rent on unsold flats which are shown as stock-in-trade. Dugad Properties Vs DCIT (ITAT Pune)

Invocation of section 263 justified if AO failed to enquire about non-deduction of TDS on CFS charges

May 10, 2023 576 Views 0 comment Print

SDS Cargo Solutions Pvt Ltd Vs ITO (ITAT Chennai) PCIT had given a categorical finding that the AO has not carried out any enquiries on the issue of CFS charges paid to Continental Warehousing Corporation in light of relevant provisions of the Act which render the assessment order to be erroneous and prejudicial to the […]

ex-parte Addition for Cash Deposits: ITAT restores Matter to AO

May 10, 2023 768 Views 0 comment Print

Baldev Kumar Vs ITO (ITAT Delhi) On perusal of the assessment order, it appears that the assessee has deposited cash amount to Rs.19,49,553/- in the savings bank account in Financial Year 2011-12 relevant to Assessment Year 2012-13 in question. The Assessing Officer attempted to make inquiry on the source of such cash deposits but however […]

Reopening of assessment based on mere change of opinion is unsustainable

May 10, 2023 3942 Views 0 comment Print

ITAT Delhi held that proviso to Section 147 of the Income Tax Act gets applicable as reopening of assessment is initiated after four years of original assessment. Accordingly, re-opening of assessment based on mere change of opinion is unsustainable.

Deemed dividend provisions u/s 2(22)(e) doesn’t apply to advance for business transaction

May 10, 2023 1419 Views 0 comment Print

ITAT Delhi held that the amounts advanced for business transaction between the parties would not fall within the definition of deemed dividend under section 2(22)(e) of the Act.

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