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Discount towards sale of low-quality sponge iron to sister concern duly allowable

October 30, 2023 462 Views 0 comment Print

ITAT Raipur held that addition on account of discount allowed to sister concern unsustainable as assessee duly placed on record documentary evidence to substantiate the factum of having sold low-quality sponge iron to its sister concern. Accordingly, rejection of discount merely on the basis of doubts and suspicion unjustified.

Revision u/s 263 without recording a finding regarding escapement of income is unsustainable

October 30, 2023 735 Views 0 comment Print

ITAT Kolkata held that invocation of revisionary power u/s 263 of the Income Tax Act without pointing out the error committed by AO and without recording a finding regarding escapement of income is unsustainable in law.

Annual Lettable Value of vacant property held as stock-in-trade is computed at NIL

October 30, 2023 1407 Views 0 comment Print

ITAT Kolkata held that as per provisions of section 23(1)(c) the annual lettable value of the vacant property of unsold units/flats held as stock-in-trade by the assessee but remained vacant during the year is to be computed at Rs. NIL.

‘Mark to Market’ loss on forward and further contracts are not contingent in nature

October 30, 2023 861 Views 0 comment Print

ITAT Delhi held that ‘mark to market’ loss on future and forward contracts are not notional loss of contingent nature. Accordingly, foreign exchange fluctuation loss as claimed by the assessee allowed.

Law Doesn’t Mandate establishment of Nexus Between Interest-Free Funds & Exempt Income Investments by assessee

October 30, 2023 306 Views 0 comment Print

Explore the case of ACIT Vs Punj Lloyd Ltd. regarding disallowance of interest expenses on investments yielding exempt income. Understand legal aspects & decisions.

ITAT Delhi Dismisses Revenue’s Appeal on Low Tax Effect

October 30, 2023 201 Views 0 comment Print

ITAT Delhi dismissed the Revenue’s appeal due to a low tax effect, as the tax effect was below the threshold prescribed by the CBDT Circular.

Addition u/s 69A deleted as receipt of gifts in cash on various occasions is common in India

October 30, 2023 1299 Views 0 comment Print

ITAT Delhi held that assessee belonging to upper higher strata of society receipt of gifts in the shape of cash “shaguns” on various occasions such as marriages, birthdays, anniversaries, birth of a child, auspicious festivals and other such occasions is common. Accordingly, addition towards unexplained money u/s 69A deleted.

Penalty u/s 271(1)(c) not leviable in absence of concealment of particulars of income

October 30, 2023 1782 Views 0 comment Print

ITAT Delhi held that penalty under section 271(1)(c) of the Income Tax Act not leviable since there is no concealment of particulars of income by the assessee.

Interest from investment in bank governed by Co-operative Societies Act is eligible for deduction u/s 80P(2)(d)

October 30, 2023 795 Views 0 comment Print

ITAT Chennai held that interest income received from investment in Erode District Central Co-operative Bank, which is governed by Tamil Nadu Co-operative Societies Act, is eligible for deduction u/s 80P(2)(d) of the Income Tax Act.

Reassessment unsustainable if No Tangible Link Found Between Income Assessment escaped & formation of Belief

October 28, 2023 948 Views 0 comment Print

ITAT Delhi held that reopening of assessment without any link between the tangible material and formation of belief of AO that income has escaped assessment is unsustainable and bad-in-law and hence liable to be quashed.

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