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All ITAT

Penalty not warranted as non-reflection of foreign assets in return not malafide

October 18, 2023 2481 Views 0 comment Print

ITAT Mumbai held that penalty under section 43 of the Black Money (Undisclosed Foreign Income & Assets) and Imposition of Tax Act, 2015 unwarranted for non-reflection of investment in Schedule of Foreign Assets in return as it was not malafide or dishonest breach/ non-disclosure.

Assessment order not bearing DIN number is non-est in the eyes of law

October 18, 2023 1722 Views 0 comment Print

Explore the Ankit Jain vs. DCIT (ITAT Delhi) case, emphasizing the crucial role of DIN in assessment orders. Learn about ITAT’s decision and CBDT circular implications.

Deduction u/s 80IB(10) is available to joint venture/ firm and not to partner

October 18, 2023 321 Views 0 comment Print

ITAT Hyderabad held that deduction u/s. 80IB(10) of the Income Tax Act is applicable to an undertaking developing and building housing projects. The same is not applicable to a partner in a joint venture/partnership firm.

Revisionary proceedings u/s 263 exercised only based on facts verifiable from records is unjustified

October 18, 2023 252 Views 0 comment Print

ITAT Kolkata held that exercising revisionary proceedings u/s. 263 of the Income Tax Act purely on facts which are verifiable from records of the assessee is not justifiable and hence liable to be quashed.

No addition u/s 2(14)(iii) as land sold was agricultural land & didn’t qualify as ‘Capital Asset’

October 18, 2023 1659 Views 0 comment Print

Land sold by assessee was agricultural Land and did not qualify as capital asset in terms of Section 2(14)(iii) as it was subsequent to purchase of land, its use was changed to non-agriculture purpose, therefore, the capital gain earned on the piece of land as not being liable to tax.

ITAT Imposes ₹5,500 Cost on Assessee for Non-Appearance Before CIT(A)

October 18, 2023 294 Views 0 comment Print

Read about the ITAT Mumbai’s decision in the case of Sanghamitra Prakash Patel vs. ITO where a penalty was imposed on the assessee for failure to appear before the CIT(A).

Unjustified Section 68 Addition: Gold Sale Cash Receipts Recorded in Books

October 17, 2023 2115 Views 0 comment Print

ITAT Ahmedabad rules on the treatment of cash receipts from sale of gold/gold ornaments in case of Abhishek Prakashchand Chhajed Vs ITO.

Provisions of section 28(va) doesn’t apply in case of termination of call option

October 17, 2023 588 Views 0 comment Print

ITAT Chennai held that the termination of the call option merely relinquishes the right of to buy shares, however, there is no element of non-compete obligation inherent in the agreement and hence provisions of Section 28(va) of the Income Tax Act cannot be triggered.

Order passed u/s 143(3) quashed as notice u/s 143(2) was issued by non-jurisdictional AO

October 17, 2023 7455 Views 0 comment Print

ITAT Raipur held that AO having jurisdiction over the case passed the order u/s 143(3) of the Income Tax Act without issuing notice u/s 143(2). Accordingly, the matter quashed for want of valid assumption of jurisdiction as notice u/s 143(2) was issued by non-jurisdictional AO.

Payment of gratuity premium to LIC is allowable as business expenditure

October 17, 2023 2403 Views 0 comment Print

ITAT Ahmedabad held that gratuity premium paid to LIC was to be treated as business expenditure and the same is allowable under section 37(1) of the Income Tax Act.

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