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Interest, being part of compensation for compulsory acquisition of agricultural land, is exempt u/s 10(37)

February 27, 2023 9618 Views 1 comment Print

ITAT Dehradun held that the interest is accretion to the value of compensation and hence it is a part of compensation. Accordingly, interest received for compulsory acquisition of agricultural land is exempted under section 10(37) of the Income Tax Act.

Non-inclusion of interest income for misplace of fixed deposit is illogical argument

February 27, 2023 1128 Views 0 comment Print

ITAT Delhi held that addition of interest income on fixed deposit with Canara Bank sustainable as contention of the assessee that fixed deposit is misplaced and hence there is no question of earning any interest income is illogical.

Addition based on mere statement without independent finding is unsustainable

February 27, 2023 2163 Views 2 comments Print

ITAT Ahmedabad held that addition on the basis of statement of director without independent finding given by the Assessing Officer is unsustainable in law.

Interest paid by Indian Branch to Head office is not taxable in India in terms of India-France DTAA

February 27, 2023 2028 Views 0 comment Print

ITAT Mumbai held that that the interest paid by the Indian branch-PE to the head office-GE is not taxable in India in terms of India-France DTAA.

Exemption u/s 11 doubtful as condition of advancement of any other object of general public utility not satisfied

February 27, 2023 960 Views 0 comment Print

ITAT Pune held that as assessee does not satisfy the condition of advancement of any other object of general public utility, its eligibility for benefit of exemption under section 11 of the Income Tax Act is doubtful.

Condonation based on totally vague & unspecific explanation not granted

February 27, 2023 1854 Views 0 comment Print

ITAT Kolkata held that condonation of delay of 927 days in filing of the appeal not granted as explanation available in the affidavit is totally vague and not specific. Further, assessee neither complied with a single notice nor submitted any details.

Penalty of 100% of tax sought to be evaded u/s 271AAA was Not “Typographical Error”

February 27, 2023 4425 Views 0 comment Print

Penalty leviable u/s.271AAA was 10% of the concealed income whereas under section 271(1)(c), the penalty was leviable at 100% of the tax sought to be evaded, therefore, the claim of AO that show cause notice had been issued under both under section 271AAA and section 271(1)(c) was not correct and it was not a typographical error.

Section 54F Exemption cannot be denied on residential property acquired by other than sale deed

February 26, 2023 20295 Views 0 comment Print

Section 54F exemption would be granted to assessee on its residential properties and assessee cannot be said to have not ‘Purchased’ properties for not having sale deed executed in its favour.

Benefit u/s 54F not deniable for non-registration of agreement to sale

February 26, 2023 2967 Views 0 comment Print

ITAT Chennai held that benefit under section 54F of the Income Tax Act not deniable for technical lapse like non-registration of agreement to sale.

Denial of registration u/s 12AB post supply of all desired information unjustified

February 26, 2023 2847 Views 0 comment Print

ITAT Jaipur held that CIT(Exemption) not justified in denying the registration under section 12AB of the Income Tax Act as the foundation/ trust duly supplied all the desired information as per the query letter.

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