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Advance receipt cannot be taxed without accrual of income

March 14, 2023 2004 Views 0 comment Print

Kritija Construction Vs ITO (ITAT Pune) The issue in the present appeal relates to the taxability of difference of amounts shown in the Form No. 26AS and reflected in the Profit & Loss Account. It is an admitted fact that in the present case the appellant firm had received advance of Rs.38,88,745/- from one Siddhashila […]

Fresh adjudication directed to verify service of notice of legal heir after death of assessee

March 13, 2023 1683 Views 1 comment Print

ITAT Delhi directed fresh adjudication to verify whether notice was served upon to the legal heir after the death of the assessee and also to verify the correct name of the assessee.

TDS u/s. 194C of Income Tax Act applicable in case of Common Area Maintenance Charges

March 13, 2023 3903 Views 1 comment Print

ITAT Delhi held that TDS under section 194C (and not 194-I) of the Income Tax Act, 1961 is deductible in case of Common Area Maintenance Charges (CAM Charges).

Ad-hoc disallowance based on general remarks without specific allegation is unsustainable

March 13, 2023 2145 Views 0 comment Print

ITAT Delhi held that disallowance on ad-hoc basis without any specific allegation merely on the basis of general remarks and observations is unsustainable as assessee has successfully demonstrated that the expense has been incurred wholly and exclusively for the purpose of business.

Amount paid for settling property dispute is expenditure absolutely necessary for transfer of property

March 13, 2023 8247 Views 1 comment Print

ITAT Jaipur held that amount paid towards settling the property dispute is absolutely necessary to affect the transfer and accordingly the same is allowed as expenditure covered by provision of section 48 of the Income Tax Act.

Distribution of samples of infant milk substitutes, feeding bottles etc. is prohibited under law

March 13, 2023 1365 Views 0 comment Print

ITAT Mumbai held that distribution of samples of infant milk substitutes, feeding bottles and infant foods is prohibited under section 4 of Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992. Accordingly, the same is not allowable as business expenditure.

Provision for Solid Waste Disposal Expenses being an accrued liability is allowable

March 13, 2023 1623 Views 0 comment Print

ITAT Ahmedabad held that provision for Solid Waste Disposal Expenses made by the assessee is not a contingent liability but is an accrued liability and therefore claim of assessee is allowable.

No section 271B penalty for mere venial technical breach of delay in filing tax audit report

March 13, 2023 3489 Views 0 comment Print

ITAT Chennai held that as per assigning reasons for delay in filing audit report under section 44AB is venial technical breach and accordingly penalty under section 271B of the Income Tax Act not leviable.

Bogus Purchase: No Penalty if Addition was on Estimated Basis

March 13, 2023 3969 Views 0 comment Print

ITAT held that penalty u/s. 271(1)(c) on Bogus purchase addition cannot be levied where addition was made on estimated basis.

Addition for Unexplained Jewellery – ITAT grants relief considering Status & Traditional Practices

March 13, 2023 681 Views 0 comment Print

Mohamed Mohideen Ayesha Nasreen Vs ACIT (ITAT Chennai) ITAT held that it could be seen that assessee is living with her husband and three children (Two daughters and one son) in USA. She has got married in the year 2003. In this letter, the assessee has submitted that approx. 1201 grams of jewellery belong to […]

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