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All ITAT

Mechanical & ritualistic approval: Reassessment for Accommodation Entry quashed

July 28, 2023 867 Views 0 comment Print

ITAT Delhi quashes reassessment proceedings for AY 2009-10 in the case of Agroha Fincap Ltd. The approval u/s 151 of the Income Tax Act was found to be defective and without due application of mind.

Pre-01.04.2021 CPC cannot make Adjustments in section 80P Deduction

July 28, 2023 831 Views 0 comment Print

In an ITAT Kolkata ruling, deduction u/s 80P for AY 2019-20 was allowed due to timely filing within the due date specified by CBDT. The CPC’s adjustment was deemed beyond its jurisdiction before April 2021

Interest on Duty Drawback Refund Not a Penalty

July 28, 2023 2031 Views 0 comment Print

ITAT Bangalore held that interest paid towards refund of excess claim of duty drawback is not in the nature of penalty or fine. Accordingly, provisions of Explanation 1 to section 37(1) of the I.T. Act not violated.

Order passed in name of non-existing amalgamated company quashed

July 28, 2023 684 Views 0 comment Print

ITAT Mumbai held that where assessee company was amalgamated with another company and thereby lost its existence, assessment order passed subsequently in name of said non-existing entity, would be without jurisdiction and liable to be set aside.

Pharmacy Store Income Incidental to dominant object of running Hospital- Not Taxable

July 28, 2023 1509 Views 0 comment Print

ITAT Mumbai held that twin conditions as set out in section 11(4A) of the Income Tax Act are satisfied and income accrued from Pharmacy store is incidental to the dominant object of running Hospital. Hence, addition towards profits earned from Pharmacy Store not taxable.

Trust Registration Depends on Charitable Objects, Not Activities: ITAT

July 28, 2023 735 Views 0 comment Print

ITAT Raipur quashes CIT(E)’s rejection of registration u/s 12AA for Agrasen Jan Kalyan Trust. The appeal highlights that activities should not decide registration, but rather the charitable objects.

Assessment Order Null if AO fails to Follow Section 144C Procedure During draft assessment order Stage

July 28, 2023 3588 Views 0 comment Print

In the case of Brightstar Infrastructure Pvt. Ltd. vs. ACIT, the ITAT Mumbai allowed the appeal, declaring the final assessment order void due to failure to comply with mandatory procedure u/s 144C of the Income Tax Act.

LIC Survival Benefit from Father’s Death Exempt Under Section 10(10D): ITAT

July 28, 2023 606 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Hyderabad ruled in favor of Rajiv Venkataraman, stating that the survival benefit received from LIC on his father’s death is exempt under Section 10(10D) of the Income Tax Act.

ITAT deletes disallowances for Expense Claims Backed by Documentary Evidence

July 28, 2023 684 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Delhi partially allows the appeal filed by Kartikeya Enterprises for AY 2015-16, deleting certain disallowances and confirming others based on corroborative documentary evidence.

ITAT Allows Deduction for NPS Bad Debts Declared Pre-01.04.2006 by Co-op Bank

July 28, 2023 564 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Mumbai dismisses the Revenue’s appeal and allows bad debts declared as Non Performing Assets (NPS) before 01.04.2006 as a deduction under section 36(1)(vii) of the Income Tax Act for Abhyudaya Co-op Bank Limited for AY 2012-13.

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