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Condition for use of land for agricultural purpose in preceding two years satisfied: Section 54B exemption granted

March 26, 2025 69 Views 0 comment Print

ITAT Raipur held that exemption under section 54B of the Income Tax Act is allowable since pre-condition regarding usage of land for agricultural purposes in two years immediately preceding date of transfer is satisfied. Accordingly, appeal allowed.

Section 10(23C) exemption cannot be denied for Filing of ITR-5 instead of ITR-7

March 26, 2025 42 Views 0 comment Print

ITAT Pune held that denial of exemption under section 10(23C) of the Income Tax Act for bonafide mistake of filing ITR-5 instead of correct ITR-7 not justifiable since the same is just a procedural technical mistake.

Anonymous Donations to Sai Baba Sansthan Trust Not Taxable Under Section 115BBC: ITAT Mumbai

March 25, 2025 42 Views 0 comment Print

ITAT Mumbai held that Sai Baba Sansthan Trust being both charitable and religious trust falls within exceptions provided under section 115BBC(2) and hence anonymous donations received is not liable to be taxed under section 115BBC of the Income Tax Act.

Developer Eligible for Section 80-IA Deduction for Government Contracted Development Work

March 25, 2025 54 Views 0 comment Print

ITAT Mumbai held that developer is entitled for deduction under section 80-IA of the Income Tax Act for carrying out development work by entering into a contract with the Government. Accordingly, appeal allowed.

Non-issuance of Section 143(2) notice invalids Section 143(3) Scrutiny Assessment: ITAT Raipur

March 25, 2025 81 Views 0 comment Print

ITAT Raipur held that assessment framed by AO u/s. 143(3) r.w.s. 147 of the Income Tax Act without issuance of notice under section 143(2) of the Income Tax Act is invalid and cannot be sustained in the eyes of law.

Section Addition needs to be allocated between joint beneficial owners: ITAT Raipur

March 25, 2025 81 Views 0 comment Print

ITAT Raipur held that entire addition of transaction in the hands of assessee under section 69 of the Income Tax Act as unexplained investment not tenable since the same needs to be allocated between joint beneficial owners. Thus, matter restore back to file of AO.

Reassessment u/s. 147 based on change of opinion without any fresh material not sustainable

March 25, 2025 213 Views 0 comment Print

ITAT Delhi held that re-assessment proceedings under section 147 of the Income Tax Act initiated due to change of opinion without having any fresh material on record is liable to be quashed. Accordingly, appeal of revenue dismissed.

Penalty u/s. 271AA not leviable without specifying documents not furnished by assessee

March 25, 2025 243 Views 0 comment Print

ITAT Ahmedabad held that penalty u/s.271AA of the Income Tax Act cannot be levied without specifying the required documents failed to be maintained/furnished by the assessee. Thus, appeal of the revenue dismissed.

Revision u/s. 263 set aside as based on assumption and presumption: ITAT Jaipur

March 25, 2025 198 Views 0 comment Print

ITAT Jaipur held that invocation of revisionary proceedings u/s. 263 of the Income Tax Act not sustainable since AO duly verified investment and payment of ESI/PF.

Matter restored back as CIT(A) failed to consider additional evidences: ITAT Chennai

March 25, 2025 69 Views 0 comment Print

ITAT Chennai restored the matter back to the file of AO since CIT(A) failed to consider the additional evidence which was sought by AO. Accordingly, matter restored back to the files of AO for fresh adjudication.

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