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Expenditure incurred during interval period of setting up of a new business & its commencement can be allowed as deduction

December 26, 2022 1023 Views 0 comment Print

ITAT held that expenses incurred for pre- operative nature cannot be set-off against the interest income. Held that, expenditure incurred by a company during the setting up of new business and its commencement can be allowed as deduction.

Challenge to sanctioned scheme of amalgamation in collateral proceeding is unsustainable

December 26, 2022 1707 Views 0 comment Print

ITAT Mumbai held that approved sanctioned scheme of amalgamation is binding on the authorities and the same cannot be permitted to be challenged in a collateral proceeding.

Wrong claim of assessee should be assisted by authorities in assessment proceeding

December 26, 2022 1338 Views 0 comment Print

ITAT Pune held that that the authorities under the Act are required to assist the assessee in the assessment proceedings by giving effect on the correct position of law even if the assessee makes wrong claim. Hence assessee is entitled to claim the same as exempted u/s. 10(37) of the Act instead of deduction u/s 54B of the Income Tax Act.

Deduction u/s 54 is eligible in respect of more than one property

December 26, 2022 1521 Views 0 comment Print

ITAT Chennai held that as per the ratio of decision of jurisdictional High Court in CIT V/s Gumanmal it is held that deduction u/s 54 of the Income Tax Act is available in respect of more than one property

Mere reflection of unexplained cash in books of accounts not valid ground to delete addition

December 26, 2022 1434 Views 0 comment Print

ITAT Delhi held that mere reflection of unexplained cash in the books of accounts without any supportive documents is not valid ground for deletion of the addition by CIT(A). Accordingly addition towards unexplained cash sustainable

Order recalled as crucial facts not produced before earlier authorities

December 26, 2022 774 Views 0 comment Print

ITAT Allahabad held that facts brought to the notice of this Tribunal are relevant and very crucial for deciding the issue under consideration. Since the facts were not produced before earlier authorities impugned order is recalled

Declaration of commission income under presumptive provisions & Double addition by CPC- ITAT refers matter back to AO

December 26, 2022 16512 Views 0 comment Print

Pramod Kumar Tiwari Vs DCIT (ITAT Allahabad) in the case in hand, the assessee has admittedly filed the return under wrong provisions of presumptive tax under section 44ADA whereas the commission income as reflected in Form 26AS is subjected to TDS under section 194H and is required to be declared in Form ITR 3 as […]

AO not examined section 54B/54F basic conditions – ITAT refers matter back to AO

December 25, 2022 1122 Views 0 comment Print

Sejalbhai G. Patel Vs ITO (ITAT Surat) Learned Departmental Representative (ld. DR) for the Revenue submitted that in order to claim the exemption under section 54B of the Act, the agricultural land should be purchased within two years from the date of sale of the original agricultural That is, the agricultural land must have been […]

Lack of specific discussion on issue in assessment order not means lack of enquiries

December 25, 2022 1842 Views 0 comment Print

Trivitron Healthcare Pvt. Ltd Vs DCIT (ITAT Chennai) The PCIT has questioned provision for warranty expenses amounting to Rs.2,25,71,530/-. According to the PCIT, there is a five times increase in provision for warranty expenses for the AY 2014-15 when compare to AY 2013-14. Although, the assessee has not explained rational behind substantial increase in expenses, […]

TDS Credit eligible if Assessee offered income relating to said TDS

December 25, 2022 2391 Views 0 comment Print

N.C. Rajagopal & Co. Vs DCIT (ITAT Chennai) The assessee has claimed credit for TDS amounting to Rs. 45,59,855/-, whereas DCIT, CPC has allowed TDS credit for Rs. 33,35,055/-. We find that the assessee has claimed credit for TDS pertains to earlier financial years, because income relating to said TDS has been offered to tax […]

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