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Provision for doubtful debt being in nature of diminution in value of asset attracts section 115JB

August 8, 2023 1239 Views 0 comment Print

ITAT Mumbai held that under regular provisions of section 36(1)(vii) of the Act, the provision for doubtful debt being in the nature of diminution in value of asset, it also attracts explanation (i) of the section 115JB of the Act. Accordingly, addition of book profit sustained.

Section 36(1)(viia) Deduction for Bad & Doubtful Debts Allowed Regardless of Rural & Non-Rural Advances

August 8, 2023 4290 Views 0 comment Print

ITAT Mumbai held that deduction u/s 36(1)(viia) of the Income Tax Act towards Provision for bad and doubtful debts allowable irrespective of rural advance and non-rural advances.

Interest on Compulsory Convertible Debentures deductible u/s 36(1)(iii)

August 8, 2023 3798 Views 0 comment Print

ITAT Delhi held that Compulsory Convertible Debentures are in the nature of borrowed fund and continued to be debt till conversion thereof into shares and consequently interest on Compulsory Convertible Debentures is allowable as revenue deduction u/s 36(1)(iii) of the Income Tax Act.

Addition towards unexplained cash credit unsustainable as identity & creditworthiness proved

August 8, 2023 1173 Views 0 comment Print

ITAT Kolkata held that addition under section 68 towards unexplained cash credit unsustainable as assessee has discharged its onus to prove the identity and creditworthiness of the share subscribing company.

Reopening of assessment beyond 4 years unsustainable as full and true material facts disclosed

August 8, 2023 1341 Views 0 comment Print

ITAT Chennai held that reopening of assessment beyond 4 years without any failure on the part of the assessee to disclose fully and truly all material facts necessary for its assessment is bad in law and hence liable to be quashed.

Denial of deduction u/s. 54F by merely stating that constructed portion is small is unjustified

August 8, 2023 999 Views 0 comment Print

ITAT Delhi held that deduction under section 54F of the Income Tax Act cannot be denied merely alleging that proportion to the size of plot/ land the constructed portion is very small. As assessee submitted sufficient and all possible documentary evidence, the deduction u/s 54F is allowable.

Adjustment of deferred shares based on value of ordinary shares upheld

August 8, 2023 732 Views 0 comment Print

ITAT Delhi held that adjustment relating to deferred shares considering their value to be equivalent to the value of equity shares upheld as deferred shares can be converted into ordinary shares without any encumbrances.

ITAT Directs AO to Examine Section 54 Exemption Eligibility in year in which capital gain is taxable

August 8, 2023 834 Views 0 comment Print

ITAT Ahmedabad rules deduction under Section 54 of the Income Tax Act not allowable in current year. Orders reexamination for Previous A.Y. Details here.

For Interest Calculation ‘month’ cannot be considered as per British calendar month: ITAT Jaipur

August 7, 2023 1155 Views 0 comment Print

The assessee company was engaged in business of trading and manufacturing of Bakery items. It filed its return on 12.03.2022 declaring total income of Rs. 14,22,15,640/-. During the year under consideration, assessee has made payment of Rs. 15,22,68,970/- on 16.02.2021 to M/s Everfoods Asia Pvt. Ltd.

Power to transfer appeals is vested with benches of ITAT & not with President

August 7, 2023 924 Views 0 comment Print

The assessee, M/s. K.K. Patel Finance Ltd has jurisdiction in Indore. The Assistant Commissioner of Income Tax passed assessment orders, indicating jurisdiction. The parties discussed appellate jurisdiction between the ITAT and the High Court based on the Assessing Officers location. The assessees counsel requested the appeals be transferred to the ITAT Indore Bench for adjudication.

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