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Section 54B of Income Tax Act being an exemption provision needs to be interpreted strictly

March 10, 2023 1713 Views 0 comment Print

ITAT Pune held that provisions of section 54B of the Income Tax Act being an exemption provision needs to be interpreted strictly. Accordingly, as land revenue record clinches that agricultural activity is not carried out on the impugned land, deduction u/s 54B not available.

Exemption u/s 11 duly denied for non-submission/ late submission of Form No. 10B

March 10, 2023 1539 Views 0 comment Print

ITAT Pune held that claim for exemption of income under section 11 of the Income Tax Act deniable as Form No. 10B was not submitted along with the return of income nor it was submitted before processing of return of income.

TDS credit available as per reporting of income & not as per reporting by deductor

March 10, 2023 1851 Views 1 comment Print

ITAT Pune held that credit for TDS is available in the year in which income is reported, credit of TDS cannot be deferred on the basis of reporting by the deductor.

Disallowance of electricity duty payable u/s 43B of Income Tax Act is unwarranted

March 10, 2023 1110 Views 0 comment Print

ITAT Delhi held that disallowance of Electricity Duty payable by the assessee by invoking provisions of section 43B of the Income Tax Act, 1961 is unwarranted and unjustified.

Provisions 45 of Income Tax Act applies to compensation received from allotment of proposed building

March 10, 2023 2712 Views 0 comment Print

ITAT Ahmedabad held that compensation received from proposed building by way of allotment is extinguishment of right in relation to capital asset and hence provisions of section 45 of the Income Tax Act gets applicable.

Condonation not granted on unreasonable explanation of non-availability of tax consultant

March 10, 2023 2730 Views 0 comment Print

ITAT Kolkata held that condonation of delay with explanation like non-availability of tax consultant or illness of Grandson without medical document is not reasonable cause of granting delay. Accordingly, appeals dismissed as time-barred.

Deposit of employee’s contribution to PF after due date not allowable as deduction u/s 36(1)(va)

March 9, 2023 8097 Views 0 comment Print

ITAT Mumbai held that deposit of employee’s contribution to provident fund after the due date prescribed under the relevant statue is not allowable as deduction under section 36(1)(va) of the Income Tax Act.

Justified claim of assessee cannot be denied by appellate authority by citing procedure as a tool

March 9, 2023 1212 Views 0 comment Print

ITAT Mumbai held that as and when the CPC has erred while processing the return of an assessee which causes tax liability on an assessee, then lawfully the appellate authorities should not cite procedure as a tool/ruse to deny the just claim of an assessee.

Deduction u/s. 54F available as nexus sale of gold jewellery & purchase of flat established

March 9, 2023 2349 Views 0 comment Print

ITAT Mumbai held that deduction under section 54F of the Income Tax Act duly available as nexus between sale of gold jewellery and purchase of flat duly established.

No section 271B Penalty as failure to furnish return was due to ignorance & misguidance

March 9, 2023 3402 Views 0 comment Print

ITAT Mumbai held that assessee furnished the return of income and audit report only after issuance of notice under section 148 of the Income Tax Act. Accordingly, penalty under section 271B of the Income Tax Act not leviable as failure was due to ignorance and misguidance.

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