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Denial of pre-operative expenses intricate to nature of business activity is unsustainable

July 8, 2023 333 Views 0 comment Print

ITAT Delhi held that denial of pre-operative expenses like brokerage and commission expenses, business promotion expenses, vehicle running expenses, etc. intricate to the nature of business activity is unsustainable.

Omission of claiming long term capital loss in original return not bona fide so claim via revised return allowable

July 8, 2023 1125 Views 0 comment Print

ITAT Pune held that omission of claiming long term capital loss at the time of filing of original return was not bona fide. Accordingly, rejection of claim of the same in revised return unsustainable in the eyes of law.

Directions issued by superior authorities are binding on Assessing Officer

July 8, 2023 1641 Views 0 comment Print

ITAT Delhi held that directions issued by a superior appellate authorities are binding on the Assessing Officers and Assessing Officer is required to strictly follow the directions of the appellate authorities and decide the issue as per the directions of the appellate authorities.

TDS under Section 195 shall not be subjected to disallowance under S. 40(a)(i): ITAT

July 8, 2023 2955 Views 0 comment Print

In present facts of the case, the Hon’ble Tribunal remanded the matter to AO to reconsider disallowance made under Section 40(a)(i) pertaining to whether the assessee has made TDS under section 192 with respect the salary paid to the seconded employees in its entirety.

Penalty u/s 271D and 271E leviable as reasonable cause for accepting loan and advances in cash not explained

July 7, 2023 921 Views 0 comment Print

ITAT Chennai held that penalty u/s 271D and 271E of the Income Tax Act duly leviable as reasonable cause for accepting loans and advances in cash in contravention of provisions of Sec.269SS & 269TT not explained.

Gift from aunt shown as credits to capital account cannot be added as unexplained credits

July 7, 2023 669 Views 0 comment Print

ITAT Ahmedabad held that addition as unexplained credits to capital account unsustainable as gift from assessees aunt shown as credits to capital account.

Addition based on third party information without providing information to assessee -ITAT deletes

July 7, 2023 1290 Views 0 comment Print

ITAT Indore rules in favor of Manish Kumar Girdhari Lal Lath Vs ACIT, accepting assessee’s explanation due to lack of full information on credit card expenditure reported by third-party agencies, highlighting the importance of providing complete details for fair assessment.

Extended time limit not available as assessee ceases to be an ‘eligible assessee’

July 7, 2023 840 Views 0 comment Print

ITAT Mumbai held that as the assessee ceases to be an ‘eligible assessee’ under provisions of section 144C of the Income Tax Act, extended time limit for assessment is not available to AO. Accordingly, order of TPO is barred by limitation.

Addition u/s 68 unsustainable as identity, creditworthiness and genuineness of transaction duly proved

July 7, 2023 651 Views 0 comment Print

ITAT Delhi held that addition under section 68 of the Income Tax Act unsustainable in as much as identity, creditworthiness of the creditors and genuineness of the transaction duly proved by the assessee.

Dividend earned from Egypt would not be taxable in India as per DTAA: ITAT

July 7, 2023 627 Views 0 comment Print

In present facts of the case, the Hon’ble Tribunal held that expenses made pertaining to Club Membership fees shall be allowed as business expenditure.

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