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Additions solely based on undated, unsigned & unrelated loose papers not justified

May 27, 2024 528 Views 0 comment Print

Discover how the ITAT Delhi deleted the addition u/s 69 in Vipul Gupta vs DCIT, highlighting the significance of evidence and agreements in tax assessments.

Section 144C(13): AO Must Finalize Assessment within one month from the month of DRP’s Directions

May 27, 2024 822 Views 0 comment Print

Learn about the Chennai ITAT ruling in Conferencecall Services India Pvt. Ltd. vs. DCIT, where a final assessment made after one month of DRP directions was declared time-barred.

No Section 68 Addition for Explained Cash Deposits in Lender Bank Account

May 27, 2024 2343 Views 0 comment Print

Devki Nandan Maheshwari vs ACIT (ITAT Delhi) case: Exploring how cash deposits in lender’s bank account were accepted as explained sources, justifying an unsecured loan under Section 68 of Income Tax Act.

Violation of Section 269SS: Section 271D penalty Applies, Not Section 68 addition

May 26, 2024 2550 Views 0 comment Print

Section 54F amendment restricting exemption to one residential house was prospective, applying only from April 1, 2015 and Violation of section 269SS of the IT Act, if any, would call for a separate penalty under section 271D, not an addition under section 68.

Section 54 deduction should be Reckoned from Date of Possession Handover by Builder

May 26, 2024 7641 Views 0 comment Print

In Sunil Amritlal Shah vs ITO, ITAT Mumbai ruled on Sec.54 deduction, stating possession date as relevant for under-construction property. Read the full analysis.

Section 40(a)(ia) Disallowance Unjustified if AO failed to Establish Section 194C Applicability

May 25, 2024 3495 Views 0 comment Print

Assessing Officer has nowhere determined as to how Section 194C is applicable on payments made by assessee. Unless a charge is being determined, disallowance under section 40(a)(ia) cannot be made.

Improper service of Section 148 notice renders assessment order invalid

May 25, 2024 5841 Views 0 comment Print

ITAT concluded that the service of notice under Section 148 was improper and did not meet statutory requirements. Consequently, the reopening of the assessment was deemed invalid, and the assessment order was quashed as void ab initio.

ITAT Mumbai Confirms Applicability of Section 50C for Short-Term Capital Gains on Land Transfer

May 25, 2024 11517 Views 0 comment Print

ITAT Mumbai confirms ₹1.45 crore short-term capital gains addition under Section 50C for land transfer, rejecting the taxpayer’s claim of purchase on behalf of a company.

ITAT allows Section 10AA deductions for trading activities

May 25, 2024 471 Views 0 comment Print

ITAT Mumbai upholds Bytescale Technologies’ deduction for trading activity under Section 10AA for AY 2018-19; foreign tax credit also approved

No Section 68 addition when identity, creditworthiness & genuineness of investors established

May 24, 2024 834 Views 0 comment Print

Kuna Impex Pvt. Ltd. vs. DCIT – ITAT Ahmedabad allowed assessee’s appeal, holding that assessee had provided sufficient details regarding identity and creditworthiness of shareholders.

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