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Form 10–IC filing Mandatory to Claim Reduced Corporate Tax Rate benefit

December 25, 2022 3927 Views 1 comment Print

Assessee did not file Form 10-IC before due date of filing return of income, i.e. 15/02/2021, which is mandatory condition for claiming option available under section 115BAA of Income Tax Act.

No prohibition under SBN Ordinance, 2016, to deal with Specified Bank Notes up to 31.12.2016

December 25, 2022 1863 Views 0 comment Print

Umamaheswari Vs ITO (ITAT Chennai) As regards, the first objection of the AO on legal tender of Specified Bank Notes on or after 08.11.2016, I find that as per the Specified Bank Notes (Cessation of Liabilities) Ordinance, 2016, which came into effect from 31.12.2016 appointed date for this purpose means 31.12.2016. Further, as per Sec.5 […]

Allowability of Interest expenses of Funds utilized for Investment in Subsidiary Company

December 25, 2022 1185 Views 0 comment Print

ACIT Vs BIP Developers Pvt. Ltd (ITAT Kolkata) In the present case, the commercial expediency of the interest expenditure in question was duly established by the assessee and on appreciation of the relevant facts of the case of the assessee as well as keeping in view the decision of the Hon ’ble Supreme Court in […]

Section 54/54F exemption – Flat Booking Vs. Possession

December 25, 2022 7407 Views 0 comment Print

Pradeep Kumar Sonthalia Vs DCIT (ITAT Kolkata) The assessee has claimed exemption under section 54 and 54F of the Income Tax Act. Such exemption has been denied to the assessee by observing that it has booked the flat with the builder in earlier year but ultimately took the possession in subsequent years. Therefore, he failed […]

Disallowance u/s 40a(ia) unjustified if payee duly disclosed receipt in its return

December 24, 2022 7140 Views 1 comment Print

ITAT Kolkata held that disallowance under section 40a(ia) of the Income Tax Act for non-deduction of TDS untenable if payee has duly disclosed the receipt of the impugned payment in their return of income.

Expenditure to make lease premises workable/ functional is revenue in nature

December 24, 2022 2898 Views 0 comment Print

ITAT Chennai held that expenditure towards furniture maintenance which is incurred to make the lease premises workable and functional is revenue in nature.

Claiming exemption under wrong section is rectifiable u/s 154 of the Income Tax Act

December 24, 2022 4806 Views 0 comment Print

ITAT Kolkata held that inadvertent mistake of claiming exemption under section 10(23C)(vi) of the Income Tax Act instead of section 10(23C)(iiiab) of the Income Tax Act is mistake apparent from record which is rectifiable under the provisions of section 154 of the Income Tax Act.

Condonation of delay based on sympathy/ benevolence not grantable

December 24, 2022 2427 Views 0 comment Print

ITAT Jaipur held that condonation of delay cannot be granted merely on the basis of sympathy or benevolence. Further, condonation of delay rejected alleging lack of diligence and inaction on the part of the assessee.

Reopening of assessment without valid reason is bad in law

December 24, 2022 1734 Views 0 comment Print

ITAT Mumbai held that reopening of assessment without valid reason or intangible material, merely on the basis of information from Electricity Authroity, is not sustainable in the eye of law.

Receipt under Master Franchise Agreement is not royalty or FTS or FIS

December 24, 2022 1746 Views 0 comment Print

ITAT Delhi held that amount received under the Master Franchise Agreement cannot be treated either as royalty or Fee for Technical Services (FTS) or FIS and hence addition deleted.

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