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Addition u/s 56(2)(viib) sustained as method for FMV of equity shares not as per rule 11UA

April 17, 2023 1506 Views 0 comment Print

ITAT Hyderabad held that addition under section 56(2)(viib) of the Income Tax Act sustained as method adopted for determination of FMV of equity shares by the assessee is not as per method prescribed under rule 11UA of Income Tax Rules.

Reopening of assessment unsustainable in absence of satisfaction of competent authority

April 17, 2023 1065 Views 0 comment Print

ITAT Mumbai held that reopening of assessment unsustainable as there is no satisfaction of the competent authority before issuance of notice under section 148 of the Income Tax Act.

Interest on borrowed funds allowable u/s 36(1)(iii) as funds used wholly and exclusively for business

April 17, 2023 3522 Views 0 comment Print

ITAT Mumbai held that once it is established that the funds are used wholly and exclusively for the purpose of business interest paid on such borrowed funds is allowed u/s. 36(1)(iii) of the Income Tax Act.

Clinical trial expenditure incurred solely for business purpose is allowable

April 17, 2023 1326 Views 0 comment Print

ITAT Delhi held that expenditure towards clinical trial incurred solely and exclusively for the business purpose is allowable expenditure.

Mushrooms grown under controlled conditions constitutes ‘Agricultural Activity’, exemption from tax

April 17, 2023 13047 Views 0 comment Print

DCIT Vs British Agro Products (India) Pvt. Ltd. (ITAT Chennai) Mushrooms grown under controlled conditions constitutes ‘Agricultural Activity’, exemption from tax : – [DCIT v. British Agro Products (India) Pvt. Ltd. (05.04.2023) ITAT Chennai Chennai ITAT dismisses Revenue’s appeal, holds that cultivation and sale of white button mushrooms is an ‘agricultural activity’ and income derived […]

Sec. 41(1) can’t be invoked for liability against purchase of defective machinery that was never put to use

April 17, 2023 1188 Views 0 comment Print

Marvelore Mining & Allied Industries Pvt. Ltd. Vs ITO (ITAT Surat) Sec. 41(1) can’t be invoked for liability against purchase of defective machinery that was never put to use: Marvelore Mining & Allied Industries (P.) Ltd. v. ITO – [2023] (Surat-Trib.)  Assessee was a private limited company. It was engaged in the business of Calcium […]

No section 271B penalty if non-audit was due to Bonafide Belief that Accounts need not be Audited

April 17, 2023 2481 Views 0 comment Print

Section 273B of the Act, squarely applies and since assessee has a reasonable cause for not getting books of account audited, he should not be visited by penalty u/s 271B

ITAT deletes penalty on estimated addition for alleged bogus purchases

April 16, 2023 3330 Views 0 comment Print

If sales are not disputed, entire alleged bogus purchases cannot be disallowed and only the gross profit on the alleged purchases to be disallowed. No penalty under section 271(1)(c) is leviable on estimated additions.

Vague Penalty Notice Invalidates Proceedings under section 271(1)(c)

April 16, 2023 939 Views 0 comment Print

ITAT held that if a Penalty notice is vague then penalty proceedings initiated under section 271(1)(c) on that basis were vitiate

No section 271(1)(c) penalty when Sustainability of Addition is debatable

April 16, 2023 1485 Views 0 comment Print

Manjulata Sahoo Vs PCIT (ITAT Cuttack) It was the submission that against the order of the Tribunal, the assessee has filed appeal before the Hon’ble Jurisdictional High court of Orissa and the Hon’ble Jurisdictional High Court of Orissa was pleased to admit the appeal of the assessee in ITA No.8 of 2021 vide order dated […]

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