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Sub-letting rental income taxable under ‘income from other sources’

April 14, 2023 19851 Views 0 comment Print

ITAT Visakhapatnam held that rent received from sub-letting the property is taxable under the head ‘income from other sources’ and not under the head ‘income from house property’.

Addition under section 41(1) cannot be made Adhoc or on Estimate’s

April 14, 2023 1965 Views 0 comment Print

JCIT (OSD) Vs Yashmaan Pathak (ITAT Mumabi) No scope of  adhoc or estimated addition u/s. 41(1) &  the entire conditions precedent for invoking section 41(1) has to be fulfilled. Assessee has filed his return of income   and the  AO during scrutiny issued show cause notice to the   assessee to file details and confirmation of the […]

Case Law on Filing of Return in Response to Notice under section 148

April 13, 2023 20205 Views 0 comment Print

Explore the case law of ITO vs. Shri R.K. Gupta (ITAT Delhi) regarding filing returns in response to notice under section 148. Understand the importance of proper compliance with the notice for reassessment.

Disallowance for non-deduction of TDS of RPC fee unsustainable in terms of second proviso to section 40(a)(i)

April 13, 2023 1305 Views 0 comment Print

ITAT Delhi held that no part of the RPC fee is liable to be disallowed in terms of clause (i) of s. 40(a) because the second proviso clause (i) of Section 40(a) being curative and declaratory in nature has to be given retrospective effect.

Addition of cash deposits unsustainable if reasonable & plausible explanation given

April 13, 2023 1944 Views 0 comment Print

ITAT Pune held that addition on account of cash deposits unsustainable as reasonable and plausible explanation given by the assessee.

Addition of rental income as undisclosed income merely because of wrong deduction of TDS unjustified

April 13, 2023 1431 Views 0 comment Print

ITAT Delhi held that addition of rental income as undisclosed merely because tenant as wrongly deducted TDS u/s. 194J is unsustainable as landlord cannot be blamed for wrong deduction of TDS.

Revision jurisdiction u/s 263 on mere conjectures, suspicions & surmises not permissible

April 13, 2023 1194 Views 0 comment Print

ITAT Mumbai held that plausible view of AO cannot be held as erroneous by ld. CIT(E) without conducting necessary enquiries or verification. Accordingly, initiated of revision jurisdiction u/s 263 on mere conjectures, suspicions and surmises, which is not permitted.

Section 269SS not apply when explanation given constitutes reasonable cause

April 13, 2023 5562 Views 0 comment Print

ITAT Bangalore held that provisions of section 269SS of the Income Tax Act cannot be applied when explanation given by the assesse constitutes a reasonable cause. Accordingly, concluded that bonafide business transaction cannot be considered for levying the penalty u/s 271D of the Act.

Expenditure towards CSR disallowed u/s 37 of Income Tax Act

April 13, 2023 7476 Views 0 comment Print

ITAT Mumbai held that expenditure incurred towards Corporate Social Responsibility are specifically disallowed as per explanation 2 to Section 37(1) of the Income Tax Act.

Assessee entitled to claim depreciation on goodwill

April 13, 2023 1824 Views 0 comment Print

Value of goodwill is amount paid over & above tangible assets and values assigned to other intangible assets – Depreciation allowed

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