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ITAT Mumbai Rules No Section 271(1)(c) Penalty on Estimated Additions

July 20, 2023 1056 Views 0 comment Print

The ITAT in Mumbai cancels penalties levied under Section 271(1)(c) of the Income Tax Act, in the case of Fancy Diamonds India Pvt Ltd. The tribunal held that such penalties aren’t applicable when additions are made purely on estimation

Disallowance of Payment for PF & ESI Employee Contributions Beyond Due Date (Section 36(1)(va))

July 20, 2023 75300 Views 0 comment Print

ITAT Mumbai held that payment on account of employees contribution towards PF and ESI after the due date of the respective acts is disallowable in terms of section 36(1)(va) of the Income Tax Act.

Amount of carbon credit received is a capital receipt

July 20, 2023 1062 Views 0 comment Print

ITAT Mumbai held that proceeds received by assessee-company carrying on business of power generation on sale of certified emission reduction credit (carbon credit) is a capital receipt and not business income.

No Disallowance for Short Deduction of TDS under Section 40(a)(ia)

July 20, 2023 9714 Views 0 comment Print

An in-depth examination of the recent ITAT Ahmedabad verdict in the DCIT vs. Shiv Build case. The ruling highlights that no disallowance under Section 40(a)(ia) can be made for the short deduction of tax, creating a precedent for future cases.

Commission from Accommodation Entry to be Included in Total Income

July 20, 2023 1209 Views 0 comment Print

Analysis of the recent ITAT Mumbai judgment concerning Secunderabad Healthcare Ltd Vs CIT, focusing on the inclusion of commission earned from accommodation entry in the total income of the assessee.

Adequate Assessment Inquiry by AO Bars Section 263 Revisionary Powers

July 20, 2023 828 Views 0 comment Print

The ITAT Pune overturned a revisionary order of Pr. Commissioner of Income Tax-1, asserting that no revision is necessary under section 263 of the Income Tax Act if the Assessing Officer (AO) conducts appropriate verification during the assessment.

Cash Deposits during Demonetization Linked to LPG Cylinder Sale: ITAT directs Reconsideration

July 19, 2023 921 Views 0 comment Print

A detailed analysis of the recent ITAT Bangalore ruling in Anaveer Proprietor Vs ITO. The matter has been restored for reconsideration of the source of cash deposits during demonetization linked with LPG cylinder sales.

Delayed deposit of employee contributions to PF/ESIC – ITAT upholds addition

July 19, 2023 945 Views 0 comment Print

The Delhi bench of ITAT rules against Gopi Mani Kuttan on delayed deposit of employee contributions to PF/ESIC, in compliance with income tax laws. The article explores the verdict in detail and provides an analysis of the implications of the ruling.

Land Acquisition Act: ITAT Rules Enhanced Compensation Interest Non-Taxable

July 19, 2023 2742 Views 0 comment Print

In-depth analysis of the ITAT Delhi case, Nitin Kumar Vs ITO, determining that interest received on enhanced compensation under Section 28 of the Land Acquisition Act is not taxable.

Notice u/s 263 in the name of deceased person is invalid

July 19, 2023 1059 Views 0 comment Print

ITAT Ahmedabad held that notice issued under section 263 of the Income Tax Act in the name of a deceased person is invalid. Accordingly, order passed thereon is also invalide in the eyes of law.

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