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All ITAT

Long term capital gain and indexation accepted for one co-owner needs to be allowed for other co-owner too

September 27, 2023 909 Views 0 comment Print

ITAT Delhi held that once long term capital gain along with cost of acquisition and indexation accepted in the hands of one of the co-owner of the property, the same needs to be allowed/ accepted for other co-owner of the property too.

Section 263 can be invoked for Real Errors & Not to invent or explore errors

September 27, 2023 8763 Views 0 comment Print

This article discusses case of Gayatri Devi vs. PCIT (ITAT Jaipur) regarding Section 263, highlighting importance of genuine errors in assessments.

AO’s 4% Profit Estimation Without Book Rejection is invalid: ITAT Jaipur

September 26, 2023 1737 Views 0 comment Print

Explore significant ITAT Jaipur ruling in case of Kunan Mal Kalu Ram Jain vs. ITO, highlighting rejection of profit estimation without rejecting books of accounts.

Addition deleted as cash withdrawals during pre-demonetization more than cash deposited during demonetization

September 26, 2023 714 Views 0 comment Print

ITAT Delhi held that when the assessee has shown cash withdrawals during pre demonetization period more than the cash deposited during demonetization then the source cannot be disputed. Accordingly, addition u/s. 68 deleted.

Conversion of firm to company for consideration of paid up share capital doesn’t amount to transfer

September 26, 2023 1791 Views 0 comment Print

ITAT Ahmedabad held that Sale/ conversion of business of assessee-firm as a going concern to company for consideration of paid up share capital does not amount to transfer liable to tax as capital gains.

Penalty order quashed due to insufficient service of notice

September 26, 2023 1029 Views 0 comment Print

ITAT Delhi quashed the penalty order passed under section 271(1)(b) of the Income Tax Act as service of notice by way of affixture on the Assessee cannot be construed as sufficient Service of Notice.

LIC Commission – Business or Other Sources & Allowability of expenses?

September 26, 2023 4473 Views 0 comment Print

Analysis of Purushottam Sharma vs. DCIT (ITAT Jodhpur) case. Is income from LIC commission considered business income or other sources? Explore the legal arguments and conclusions.

Weighted deduction available on all expenditure incurred on in-house research & development facility

September 25, 2023 1377 Views 0 comment Print

ITAT Ahmedabad held that assessee is entitled to claim weighted deduction on all expenditure incurred by it, on in-house research & development facility. Accordingly, restricting claim of weighted deduction u/s 35(2AB) to the extent approved by the prescribed authority i.e. DSIR unjustified.

Deduction u/s. 80G available on corpus contribution to donee relating to CSR activities

September 25, 2023 4125 Views 0 comment Print

ITAT Mumbai held that deduction u/s 80G of the Income Tax Act duly available irrelevant of the fact that corpus contribution to the donee relates to the CSR activities.

Interest not leviable on late deposit of TDS due to Interim Order

September 25, 2023 507 Views 0 comment Print

ITAT Delhi held that interest on late deposit of TDS deleted as assessee was having sufficient cause for not depositing the TDS on time due to the Interim Order passed by the Hon’ble Madras High Court.

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