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Not Striking Out of Irrelevant Ground Vitiates Section 271(1)(c) Penalty Proceedings

February 18, 2023 1302 Views 0 comment Print

Defect in statutory notice in not striking out of irrelevant ground vitiates penalty proceedings for the reason that assessee has not given sufficient notice for preparing his defense, as to grounds on which penalty proceedings have been initiated.

No tax on share premium when issued to Venture Capital Fund

February 18, 2023 918 Views 0 comment Print

ITAT held that no tax would be levied on issue of shares to venture capital fund and further upheld observation of CIT(A) that, payment for valuation certification and retainership fees to a CA  firm is a revenue expenditure.

Benefit u/s 54B not deniable on fact that property was valued as non-agricultural land for stamp paper

February 18, 2023 4095 Views 0 comment Print

Vipin Kumar Vs ITO (ITAT Delhi) ITAT Delhi held that benefit under section 54B of the Income Tax Act cannot be denied on mere fact that property was valued by the registered authority as a non-agricultural land for the purpose of stamp paper. Facts- The AIR information from sub registrar, Hapur Second in the case […]

Repair and renovation of asset is allowable as revenue expenditure

February 18, 2023 12288 Views 0 comment Print

ITAT Pune held that expenditure incurred on repairs and renovation of the asset is revenue expenditure as no new asset has been created.

Donation to veda pathashalas, veda pundits, medical assistance etc are charitable activities

February 17, 2023 2886 Views 0 comment Print

ITAT Bangalore held that donation to veda pathashalas, veda pundits, medical assistance etc demonstrates the charitable activities carried on by the Trust. Accordingly, registration u/s 12A as charitable trust and approval u/s 80G granted.

Invocation of revisional jurisdiction u/s 263 on mere conjectures, suspicions and surmises, is impermissible

February 17, 2023 1125 Views 0 comment Print

ITAT Mumbai held that initiated revision jurisdiction under section 263 of the Income Tax Act on mere conjectures, suspicions and surmises, is not permissible in law.

Start-up company incurring cost for branding prior to product launch is allowable expenditure

February 17, 2023 1047 Views 0 comment Print

ITAT Mumbai held that a start-up company incurring cost for branding of the company and other relevant expenditure which creates popularity which helps promotion of contents at the time of its product launch is allowable expenditure.

TCS credit should be given to person to whom income is assessed to tax

February 17, 2023 3690 Views 0 comment Print

ITAT Bangalore held that credit of TCS should be given to the assessee which is finally and lawfully assessed to tax in respect of the corresponding income on which TCS has been collected irrespective of person in whose name TCS certificate is issued.

Non-compliance with communication u/s 143(1)(A) on account of technical glitches in IT portal justified

February 17, 2023 1200 Views 0 comment Print

ITAT Pune held that non-compliance with communication under Section 143(1)(A) of Income Tax Act 1961 due to IT-Website technical glitches was unintentional and beyond the control of appellant. Accordingly, exemption in the evince of Form No 10B duly available.

Carry forward of unadjusted VAT TDS to GST is duly available

February 17, 2023 1287 Views 0 comment Print

Madras High Court held that it is well settled now that carry forward of unadjusted VAT TDS (TNVAT Act) to GST is duly allowed in terms of Section 140 of the TNGST Act, 2017.

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