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Deduction u/s 43B is allowable in case of interest paid on customs duty

February 21, 2023 6201 Views 0 comment Print

ITAT Pune held that interest paid on customs duty is allowable as deduction under section 43B of the Income Tax Act 1961.

Unexplained cash expense addition unsustainable as cash book and cash receipts not doubted

February 20, 2023 1389 Views 0 comment Print

ITAT Ahmedabad held that addition towards unexplained cash unsustainable as cash expenses duly incorporated in books of accounts and cash book as well as cash receipts not doubted by the authority.

Addition u/s 68 unsustainable as identity and creditworthiness of share subscribing companies proved

February 19, 2023 2178 Views 0 comment Print

ITAT Kolkata held that assessee has discharged its onus to prove the identity and creditworthiness of the share subscribing companies and the genuineness of the transactions. Accordingly addition made towards share capital and share premium u/s. 68 unsustainable.

Exemption u/s 54 to extent of non-deposit of unutilized amount in ‘Capital Gain Account Scheme’ not available

February 19, 2023 13542 Views 0 comment Print

ITAT Chennai held that exemption under section 54 of the Income Tax Act not allowable to the extent of non-deposit of unutilized amount in Capital Gain Account Scheme. Only proportionate exemption allowed.

Non-discussion of issue in assessment order doesn’t make it erroneous & prejudicial to interest of revenue

February 18, 2023 1830 Views 0 comment Print

Ajay Engineering and Agricultural Equipment Company Vs PCIT (ITAT Pune) ITAT Pune held that AO did not specifically discuss the five issues in the assessment order, however, assessment order does not satisfy the second condition of being prejudicial to the interest of the Revenue. Simply non-discussion of an issue in assessment order does not render […]

Addition upto limit of gold jewellery/ ornaments allowed as per CBDT Circular dated 11th May 1994 is unsustainable

February 18, 2023 12414 Views 0 comment Print

ITAT Allahabad held that allowable limit as CBDT circular dated 11th May 1994 is the gold jewellery and ornaments to the extent of 500 grams per married lady, 250 grams per unmarried lady and 100 grams per male member of the family. Accordingly, no addition to that extent on account of unexplained investment in jewellery can be sustained.

Penalty u/s. 271D/ 271E of the Income Tax Act not leviable in case of ‘loan given’

February 18, 2023 2508 Views 0 comment Print

ITAT Indore held that penalty under section 271D and section 271E are not attracted in case of loan given. Accordingly, penalty proceeding imposing penalty u/s 271D/ 271E of the Income Tax Act in case of loan given is invalid.

Provision of section 80P doesn’t distinguish income earned on long-term and short-term investments

February 18, 2023 1029 Views 0 comment Print

ITAT Panaji held that the only requirement under the provisions of section 80P(2)(d) is that an interest income or dividend income should be earned by a co-operative society from another co- operative society. Section 80P does not make a distinction between income earned on long term investments and short term investments

Delay condoned as Chartered Accountant was busy in filing of return of Income and GST returns

February 18, 2023 1536 Views 0 comment Print

ITAT Chennai held that a small delay of 9 days in filing of an appeal condoned on the basis of reasonable cause as Chartered Accountant was busy in filing of return of Income and GST returns.

In absence of cogent explanation ITAT treats consultancy charges as FTS & upheld addition

February 18, 2023 834 Views 0 comment Print

Assessee was unable to furnish any cogent explanation supported by evidence to establish that the consultancy charges paid are not in the nature of FTS.

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