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All ITAT

Denial of exemption u/s 11 for non-furnishing of copy of registration u/s 12A unjustified

July 5, 2023 1881 Views 0 comment Print

ITAT Chandigarh held that mere non-furnishing of copy of registration u/s 12A cannot be held as a valid and justifiable reason for denial of exemption u/s 11 of the Act where such registration continues to exist and the assessee trust duly stand registered u/s 12A for the year under consideration.

Receipts from operation of ships in international traffic is exempt in terms of India-Singapore DTAA

July 5, 2023 387 Views 0 comment Print

ITAT Delhi held that as per Article 8 of India–Singapore DTAA receipts from operation of ships and aircrafts in international traffic is taxable in the country of residence of the recipient. Therefore, amounts received by the assessee from operation of ships in international traffic would be exempt.

ITR Due Date Extension for Tax Audit Case Not Applicable to Assessee Liable for Audit under Other Acts

July 5, 2023 29007 Views 0 comment Print

In the case of Gulu Hassanand Raney vs. Asst. Director of I.T. Bangalore-CPC (ITAT Mumbai), the Income Tax Appellate Tribunal (ITAT) dismissed the appeal regarding the extension of the due date for filing the income tax return. The appeal raised questions about whether the extended due date for tax audit cases could be applied to an assessee liable for audit under a different law. Read the full order and analysis here.

Section 40(a)(ia) of Income Tax Not Applicable in Case of Short Deduction of TDS

July 5, 2023 3774 Views 0 comment Print

In a landmark judgment, ITAT Ahmedabad overrules PCIT’s order, upholding that section 40(a)(ia) of the Income Tax Act cannot be invoked in case of short TDS deduction.

Charitable Organization not to be deprived of section 11 exemption for Technical Lapses

July 5, 2023 1008 Views 0 comment Print

A detailed analysis of the ITAT Ahmedabad’s ruling in Bhutakia Bhimasar Vs PCIT, where it was held that a charitable organization should not lose tax exemption benefits due to technical lapses.

CIT(A) Cannot Enhance Income on New Issue – Appeal against Section 143(1) Intimation

July 4, 2023 603 Views 0 comment Print

The ITAT Kolkata recently deleted an addition made on interest receipt by the CIT(A) in the case of Guruji Mercantile Pvt. Limited Vs ITO, citing lack of jurisdiction.

Assessment Order Void if lacks Document Identification Number (DIN)

July 4, 2023 1470 Views 0 comment Print

The ITAT ruling emphasizes the necessity of incorporating a Document Identification Number (DIN) in tax communication, as stipulated in the CBDT Circular 2019. Explore the detailed analysis and implications of the case.

Delayed deposit of EPF & ESI beyond stipulated period is not allowable as deduction

July 4, 2023 1347 Views 0 comment Print

ITAT Delhi held that delayed deposit of the contribution EPF & ESIC beyond the stipulated period prescribed in the respective Acts are not allowable as deduction.

Delay of 902 days condoned by considering complexity of Income Tax Laws: ITAT

July 4, 2023 792 Views 0 comment Print

In present facts of the case, the condonation of delay was allowed for 902 days by placing its reliance over the Judgments of Hon’ble Supreme Court and it was observed that Income-tax law is a complex subject and meeting its compliance requirements is dependent on services by experts of the subject matter. Accordingly the delay was condoned and the appeal was allowed on merits.

Penalty u/s. 271(1)(c) not leviable as all material facts disclosed

July 4, 2023 495 Views 0 comment Print

ITAT Delhi held that as assessee disclosed all the material facts relating to payment of non-compete fee, assessee cannot be accused of furnishing inaccurate particulars of income. Accordingly, penalty u/s 271(1)(c) not leviable.

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