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No addition for Cash Deposited during Demonetization Period if not exceed Threshold Limit

November 17, 2022 4956 Views 0 comment Print

ITAT Delhi rules in favor of Amar Singh. Deletion of Rs. 2,23,000 addition under Section 69A. CBDT Instruction applied for demonetization period cash deposits.

Section 41(1) of Income Tax Act doesn’t apply till liability is not written off in the books

November 17, 2022 3129 Views 0 comment Print

ITAT Gauhati held that provisions of section 41(1) of the Income Tax Act cannot apply since the liability is still payable to sundry creditor and had not been written off in the books of account and there is no evidence to indicate that said liabilities had ceased to exist.

Donations given by Trust to Other NGOs/Trust for its Purposes are Deductible

November 17, 2022 1311 Views 0 comment Print

ACIT (Exemptions) Vs Grow More Foundation (ITAT Ahmedabad) Regarding the payment made to Chandansingh, the Ld. CIT(A) has observed that the payment is made for construction work on which TDS has been deducted and a fresh confirmation with signature of the contractor and his PAN No. etc. have been submitted and the amount is incurred […]

Company not opted for liquidation in impugned year hence disallowance of expense unjustified

November 17, 2022 1026 Views 0 comment Print

ITAT Ahmedabad held that disallowance of expenditure in the assessment year 2012 on the reason that company went into voluntary liquation is unsustainable as the company was not into liquidation in the impugned year.

Legal/ professional expense for opinion about prospective investment is not capital expenditure

November 17, 2022 1119 Views 0 comment Print

ITAT Delhi held that expenses paid to legal and professionals for an opinion about legal and tax consequences of the prospective investment cannot be considered to be a capital expenditure. Such expenses are revenue in nature.

Corpus donations received by unregistered Trusts are not taxable

November 17, 2022 8481 Views 0 comment Print

ITAT held that Corpus donations received by Trusts, which is not registered u/s.12A/12AA of Income Tax Act, are not taxable as they assume the nature of ‘Capital receipt’ the moment donations are given to ‘Corpus of Trust’

Rule 37BA(3)(ii) allows splitting up of TDS amount over a number of years if corresponding income is assessable over a number of years

November 17, 2022 3834 Views 0 comment Print

Larsen & Toubro Public Charitable Trust L&T House Vs ITO (ITAT Mumbai) Rule 37BA(3)(ii) allows splitting up of TDS amount over a number of years if corresponding income is assessable over a number of years A.R submitted that certain income received by the assessee is split between two or more years under accounting principles. Accordingly, […]

Additional evidences having crucial bearing should not be rejected on technicalities

November 17, 2022 735 Views 0 comment Print

Karam Singh Vs ITO (ITAT Delhi) Assessing Officer made the addition alleging that the assessee did not furnish the required information to prove the loan transaction. However, it is observed, before the first appellate authority, the assessee produced additional evidences, such as, the bank statements of lenders, copy of Income Tax Return etc. to prove […]

What is scrap for one person could be a useful product for another – TCS not deductible

November 17, 2022 942 Views 0 comment Print

In case of the assessee itself if we take the presumption that what the assessee has purchased from RSP is only scrap then he would be selling the same to some other steel manufacturing plant. However, the sales are retail sales. This itself shows that what has been sold by the assessee is not scrap but usable products.

Assessment order void if notice was not served on relevant address

November 17, 2022 3504 Views 0 comment Print

The entire assessment was itself erroneous and bad in law due to non-service of notice to the relevant address of the assessee. The ld. Counsel had not pressed the factual aspect of the assessee. We considered only the legal issue. Accordingly, the assessment order itself is void and liable to be quashed.

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