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Addition u/s 68 unsustainable as onus with respect to receipt of share application money discharged

July 12, 2023 498 Views 0 comment Print

ITAT Ahmedabad held that the assessee has discharged the onus cast under section 68 of the Act with respect to receipt of share application money. Accordingly, addition under section 68 of the Income Tax Act not sustained.

Renting income from business of letting out house properties is taxable as business income

July 11, 2023 8916 Views 0 comment Print

ITAT Ahmedabad held that assessee was engaged in business of leasing out its house properties to earn rent, income so earned as rent should be treated as business income, and not as income from house property.

Addition u/s 69 towards unexplained investment unsustainable as source for purchase duly established

July 11, 2023 5727 Views 0 comment Print

ITAT Chennai held that addition towards unexplained investment under section 69 of the Income Tax Act unsustainable as source for purchase of property duly established with necessary evidences.

Assessment u/s 153A in absence of incriminating material found during search is unsustainable

July 11, 2023 948 Views 0 comment Print

ITAT Chennai held that the scope of assessment after search u/s.153A of the Income Tax Act would be limited to the incriminating material/evidence found during the course of search.

Loss arising in eligible SEZ undertaking can be adjusted against profits from non-SEZ units

July 11, 2023 858 Views 0 comment Print

ITAT Bangalore held that the loss arising in eligible SEZ-STPI undertakings are not required to be adjusted against the profits arising from other SEZ-STPI undertakings and the said loss can be adjusted against profits arising from non-SEZ-non-STPI units.

When AO of searched person and other person is same there is no requirement to record satisfaction

July 11, 2023 1137 Views 0 comment Print

ITAT Ahmedabad held that when AO of searched person and other person is same, there is no mandatory requirement for AO of searched person to record satisfaction of material having found belonging to the person for valid jurisdiction under section 153C of the Income Tax Act.

Deduction u/s 80IAB duly available on car parking rental as car parking not separable from main business of SEZ

July 11, 2023 1176 Views 0 comment Print

ITAT Delhi held that that car parking cannot be separated from the main business of SEZ, hence deduction under section 80IAB of the Income Tax Act duly available on income from car parking rental.

Provisions of section 68 doesn’t apply when cash sales reflected in books of accounts

July 11, 2023 3702 Views 0 comment Print

ITAT Delhi held that provisions of section 68 of the Income Tax Act cannot be applied in relation to the cash sales receipt shown by the assessee in its books of accounts.

Capital gain not computable on execution of sale deed in favour of daughter-in law

July 11, 2023 11478 Views 0 comment Print

ITAT Jaipur held that capital gain not computable in respect of sale deed executed in favour of daughter-in law as it is only a gift to close relative and not a sale.

Addition towards anonymous donations sustained as genuineness of cash donation not discharged

July 11, 2023 708 Views 0 comment Print

ITAT Pune held that onus of proving the genuineness of transaction of receipt of donation not discharged. Accordingly, held that all cash donation transactions are sham, a make believe story, a device adopted created to sleeve undisclosed income through anonymous donations.

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