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ITAT dismisses appeal filed for non-payment of appeal fee

April 18, 2023 912 Views 0 comment Print

Society for Welfare and Advancement of Rural Generation (SWARG) Vs DCIT (ITAT Allahabad) Assessee was required to pay the appeal fee of Rs. 10,000/- as per section 253(6)(c) of the Income Tax Act but despite repeated defect notices issued to the assessee as per the directions of this Bench, neither the assessee has made up […]

Cement silos are plant & eligible for higher rate of depreciation

April 17, 2023 2817 Views 0 comment Print

DCIT Vs Chettinad Cement Corp. Ltd. (ITAT Chennai) As per depreciation schedule, the depreciation is allowed on buildings @5% for which the buildings are mainly used for residential purposes except hotels and boarding houses. The depreciation is allowed @10% on buildings used mainly for residential purposes and not covered by the category of 5% depreciation. […]

Expenditure incurred for electricity load extension charges are revenue in nature

April 17, 2023 3615 Views 0 comment Print

ITAT Kolkata held that the electricity load extension charges are allowable as revenue expenditure. Accordingly, addition towards the same is unjustifiable and liable to be set aside.

Interest income can be justified as accrued only when there is certainty of its receipts

April 17, 2023 4353 Views 0 comment Print

ITAT Mumbai held that income can be said to have accrued only when there is certainty of receipts. Accordingly, impugned interest income cannot be said to be accrued as recovery of principal amount is also doubtful.

Amount directed to be deposited in PM National Relief Fund for non-appearance before AO & CIT(A)

April 17, 2023 666 Views 0 comment Print

ITAT Hyderabad held that as assesse failed to appear before AO as well as before CIT(A) despite numerous opportunities, matter remanded back to CIT(A) subject to cost of Rs. 10,000 to be deposited in Prime Minister National Relief Fund.

Cash gift at the time of marriage supported merely by affidavit – ITAT confirms addition partially

April 17, 2023 2010 Views 0 comment Print

Merely filing of the affidavit is not sufficient to prove the capacity and source of the persons who has given money to the assessee.

Charging tax on entire gross receipts without deducting expenditure is unjustifiable

April 17, 2023 3426 Views 0 comment Print

ITAT Bangalore held that charging the income tax on the entire gross receipts without giving effect of the expenditures incurred by the assessee towards earning of the income.

Addition unsustainable as exemption not claimed in preceding year as application of income on purchase of assets

April 17, 2023 621 Views 0 comment Print

ITAT Bangalore held that no exemption has been claimed by the assessee in the preceding year as application of income on the purchase of fixed assets. Accordingly, addition doesnot survive.

If last working day is holiday then authority can undertake compliance on next working day

April 17, 2023 5058 Views 0 comment Print

ITAT Ahmedabad held that as per provisions of section 10 General Clause Act, if last working day happens to be a holiday then the authorities concerned have been given power to make the necessary compliance on the next working day.

Expenditure relating to project are revenue expense allowable u/s 37 of Income Tax Act

April 17, 2023 1341 Views 0 comment Print

ITAT Delhi held that expense on Social & Rural Development Programme are revenue in nature, accordingly, allowable under section 37

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