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Cash wrongly deposited in bank A/c of Appellant: ITAT deletes Section 271D penalty

January 18, 2023 1290 Views 0 comment Print

It is evident that the assessee had received cash amounts, but deposited in its Bank A/c which is in violation of the provisions contained in Section 269SS. But like any other penalty, the operation of Section 271D with reference to the violation of the provisions contained in Section 269SS also is not automatic.

Exemption u/s 11 available as renting of auditorium is incidental to fulfilment of object of trust

January 18, 2023 4131 Views 0 comment Print

ITAT Chennai held that renting of auditorium for the purpose of conducting guest lectures or topics to address the students is incidental to fulfilment of the object of the trust i.e. education. Accordingly, exemption under section 11 of the Income Tax Act available.

Deduction of surcharge or cess not allowable as deduction u/s 40(a)(ii)

January 18, 2023 1254 Views 0 comment Print

ITAT Pune held that surcharge or cess being part of income tax is not allowable as deduction under section 40(a)(ii) of the Income Tax Act.

Section 80P deduction cannot be denied for non-filing of return within due date for AY 2019-20

January 18, 2023 11340 Views 1 comment Print

Medi Seva Sahakari Mandali Ltd Vs ADIT (ITAT Rajkot) Held by the Rajkot Bench of the Income Tax Appellate Tribunal in the case of [2023] 146 taxmann.com 3 (Rajkot – Trib.) Medi Seva Sahakari Mandali Ltd. V ADIT (CPC) that deduction u/s 80P could not be denied only on the basis that assessee did not […]

Income from Restaurant Business can be declared on Presumptive Basis – Section 44AD

January 18, 2023 10503 Views 0 comment Print

Hotel Deepak Vs ACIT (ITAT Mumbai) The brief facts are that the assessee firm is engaged in the restaurant business. Pursuant to the survey action u/s.133A of the Act conducted in the business premises of the assessee dated 22.01.2018, the partner of the assessee firm Shri Chandrakant Ramanna Shetty made a voluntary declaration of Rs.26,27,872/- […]

No section 40(A)(Ia) disallowance for purchase if TDS not deductible on such purchase

January 18, 2023 939 Views 0 comment Print

Once no TDS is liable to be deducted on these purchases, no disallowance under section 40 (a)(ia) of the I.T. Act can be attracted. Hence, we delete this addition.

Section 40A(3) not applicable if single transaction not exceeds threshold limit

January 18, 2023 1527 Views 0 comment Print

ACIT Vs Cellbiz Services (ITAT Kolkata) CIT(A) has categorically mentioned that the cash book, purchase register and all individual invoices where cash transaction had taken place have been thoroughly checked and it is found that not a single such transaction actually exceeded the threshold limit of Rs.20,000/-. In view of the aforesaid factual finding given […]

Addition of difference of share valued and valuation as per IT rules sustained as onus of proof not discharged

January 17, 2023 1146 Views 0 comment Print

ITAT Delhi held that addition of difference between the share valued by the company and value determined as per IT Rules sustained as the assessee failed to discharge his onus of proof.

Counter guarantee with negligible risks cannot be compared with guarantee with high risk 

January 17, 2023 1149 Views 0 comment Print

ITAT Delhi held that adoption of Comparable Uncontrolled Price (CUP) method for determining Arm’s Length Price (ALP) of the international transaction is unjustified.

TPO order passed beyond time limit prescribed u/s 92CA (3A) is barred by limitation

January 17, 2023 4497 Views 0 comment Print

ITAT Mumbai held that as per section 92CA (3A) of the Income Tax Act Transfer Pricing Officer (TPO) is required to pass an order within a period of 60 days prior to the date of completion of assessment as per section 153 of the Income Tax Act. Order passed after the date will be barred by limitation.

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