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PF/ESI/EPF paid before ITR filing for AY 2018-19 was allowable: ITAT Agra

March 21, 2022 20475 Views 0 comment Print

Krishna Kanha Shelters Pvt. Ltd. Vs ACIT (ITAT Agra) ITAT held that AO was not justified in denying, the deduction claimed by the assessee for AY 2018-19 on account of late deposit of PF/ESI/EPF, albeit before filing the return of income. Admittedly in all the above-stated matters, the revenue had not contended that the assessee […]

No addition based on mere confidential information submitted before Settlement Commission

March 21, 2022 3975 Views 0 comment Print

Addition cannot be made on the basis of mere confidential information submitted before Settlement Commission without incriminating material found in search and seizure to support addition.

CENVAT credit receivables which cannot be set off allowable as expense

March 20, 2022 3225 Views 0 comment Print

This is generally a regular practice in the manufacturing sector which is also followed by the assessee from year to year. The CENVAT credit receivables which could not be set off has been rightly claimed by the assessee as deduction.

Section 153C addition should be based on Incriminating Materials Found During Search

March 20, 2022 1548 Views 0 comment Print

Ashok Kumar Tyagi Vs ACIT (ITAT Delhi) ITAT held that the addition of agricultural income as income from other sources was not based on any incriminating/seized material found as a result of search. Even, the disallowance of loss claimed against house property income is also not with reference to any seized material. It is a […]

PCIT cannot exercise section 263 jurisdiction merely for not liking the order of AO

March 20, 2022 1551 Views 0 comment Print

Smt. Sarita Kashyap Vs PCIT (ITAT Delhi) A scrutiny of the assessment order would clearly reveal that it is not a case where the Assessing Officer has passed the order mechanically without any inquiry and proper application of mind. Whereas, learned PCIT has considered the assessment order erroneous and prejudicial to the interest of Revenue […]

Transfer takes place only when it becomes operational

March 20, 2022 6879 Views 0 comment Print

Beena Shammi Chaudhari Vs ITO (ITAT Pune) `A registered document shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration‟. A document is first executed and then submitted for registration, if required. Normally, it takes […]

Starting of activities of trust is not a condition precedent for grant of Section 80G approval

March 20, 2022 1419 Views 0 comment Print

Malla Foundation Vs CIT (Exemption) (ITAT Bangalore) The CIT(E) has refused to grant approval u/s 80G of the Act primarily for the reason that the assessee has not produced the necessary proof as regards the activities of the assessee-trust and in absence of the same it is not possible to verify the genuineness of the […]

Amendment to Sections 36(1)(va) & 43B vide Finance Act, 2021 are prospective

March 20, 2022 2355 Views 0 comment Print

ITAT held that, the said amendment to Section 39(1)(va) and Section 43B effected by Finance Act 2021 is having prospective effect. Since, the said amendment is having prospective effect and not being retrospective one the same cannot be applied to the present case.

Whether Nazarana paid to State Govt would be cost of acquisition?

March 20, 2022 3798 Views 0 comment Print

Late Shri Saifulla Abubakar Inamdar Legal Heir Vs ITO (ITAT Pune)  Firstly, it is relevant to mention that the assessee did not take up the issue of Inami land before the AO. It was for the first time that the assessee raised this issue before the ld. CIT(A) contending that in the absence of any […]

Taxability of amount received on maturity of single life insurance premium policy

March 20, 2022 50862 Views 0 comment Print

Sandeep Modi Vs DCIT (ITAT Kolkata) It is noted that the assessee has taken a life insurance policy in AY 2012-13 of the SBI of sum assured to the tune of Rs.10,88,000/- (along with credit bonus of 3.25%) by paying single premium of Rs.10,00,000/-. And in this year (AY 2017-18), the assessee received the LIC […]

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