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Deemed dividend addition cannot be made in the hands of payer of loan

April 28, 2023 906 Views 0 comment Print

Assessee is not a recipient but payer of loan. Hence, as per provisions of Section 2(22)(e) of Income Tax Act, assessee was not liable to tax

Cost of improvement & indexation cannot be claimed without evidence to prove construction

April 28, 2023 32670 Views 0 comment Print

Assessees could not claim cost of improvement and indexation cost as assessee had to furnish some evidence and in the absence of any evidence or information, the information contained in the registered sale deed was required to be accepted.

Deduction u/s 10AA claimed in revised return cannot be disallowed

April 28, 2023 1650 Views 0 comment Print

ITAT Ahmedabad held that deprival of deduction u/s 10AA of the Income Tax Act merely on the reasoning that deduction was claimed in the revised return or audit report in Form 56F was filed during the assessment proceedings is unjustified.

Penalty u/s 271(1)(c) on highly debatable issue is unsustainable

April 28, 2023 1809 Views 0 comment Print

ITAT Delhi held that imposition of penalty under section 271(1)(c) of the Income Tax Act on a highly debatable issue is unsustainable in law.

Depreciation on goodwill cannot be rejected merely because performance didn’t match projection

April 28, 2023 849 Views 0 comment Print

ITAT Delhi held that depreciation on goodwill cannot be rejected merely because performance didn’t match projections. Notably, valuation of goodwill on discounted cash flow method was duly accepted by AO.

Reassessment beyond four years is invalid if no failure to disclosure by Assessee during original assessment

April 28, 2023 1656 Views 0 comment Print

S. Ramamirtham Vs ITO (ITAT Chennai) It is an admitted fact that the original assessment has been completed u/s. 143(3) of the Act on 20.03.2014. It is also an admitted fact that notice u/s. 148 of the Act dated 13.09.2017 is beyond four years from the end of the relevant assessment year. Thus, proviso to […]

Replacement of old tube light with LED lights cannot be treated as capital expenditure

April 28, 2023 5223 Views 0 comment Print

Ashok Kumar Jain Vs ITO (ITAT Delhi) ITAT observed that the assessee has replaced old bulbs/tube lights with new LED lights. Some other expenditure was incurred for regular repair and replacement. Thus, from the nature of expenditure incurred, it is evident that they are in the nature of consumables and not for acquiring any assets […]

Before 01.04.2021 Section 12AA registration once granted is valid till withdrawn by a specific order

April 28, 2023 1374 Views 0 comment Print

Dolphin Educational Foundation Vs Income Tax Officer (ITAT Chennai) As per provisions of section 12AA of the Act, once a trust is registered u/s. 12AA, it is permanent unless it was withdrawn by a specific order from the authority. However, the law has been amended by the Finance Act, 2020 w.e.f. 01.04.2021 and as per […]

No section 14A disallowance based on assumption of tax-free income in future

April 28, 2023 1836 Views 0 comment Print

If there is no tax-free income, then no section 14A disallowance is to be made based on assumption that in future, some tax-free income will result to assessee on investment. 

Appeal Filed by revenue after IBC Moratorium Period is not Maintainable

April 28, 2023 1197 Views 0 comment Print

NCLT ordered liquidation of respondent company under IBC and claim of Department been rejected. So appeal filed by Revenue after moratorium period is not maintainable

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