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Composite rental income for letting out school building with infrastructure and amenities taxable under house property

June 27, 2023 1155 Views 0 comment Print

ITAT Mumbai held that composite rental income received by letting out school building with infrastructure and amenities is taxable under the head ‘Income from House Property’ and not under ‘Income from income from other sources’ in view of section 56(2)(ii) of the Income Tax Act.

ITAT Quashes Covid-19 Pandemic Income Tax Revision Order

June 27, 2023 564 Views 0 comment Print

A comprehensive analysis of ITAT Pune’s landmark judgement in the Subhash Devidas Mind Vs PCIT case, wherein a revision order passed during the Covid-19 pandemic was quashed.

CIT(A) cannot enhance assessment on a ground that is not a subject of rectification order

June 27, 2023 885 Views 0 comment Print

Explore the Ahmednagar Investments Pvt. Ltd. vs DCIT case where the ITAT Mumbai rejected the claim of LTCG under section 10(38) due to the non-submission of documents, subsequently quashing the order.

Section 115BBE doesn’t apply when matter doesn’t involve section 68, 69, 69A, 69B, 69C & 69D

June 27, 2023 750 Views 0 comment Print

ITAT Mumbai held that addition u/s 115BBE of the Income Tax Act unsustainable as present case doesn’t involve invocation of any of the sections i.e. section 68, 69, 69A, 69B, 69C & 69D of the Income Tax Act.

Income cannot be held to be suppressed merely because service tax return was mistakenly filed

June 27, 2023 687 Views 0 comment Print

ITAT Delhi held that difference between service tax return and the revenue was occurred due to the wrong exchange rate applied to export income transaction while filing the service tax return. Hence, mere mistake in the service tax return does not mean that the income of the assessee has been suppressed.

Appeal order not maintainable for violation of section 249(4) due to non-payment of admitted tax

June 27, 2023 1608 Views 0 comment Print

ITAT Amritsar held that the appeal order caused not maintainable for violation of section 249(4) of the Income Tax Act for non-payment of admitted tax. Accordingly, the appeal order u/s 250 is caused nullity which will be not maintainable before the Tribunal.

Addition towards trading in penny stock sustained for lack of assistance during appeal proceedings

June 27, 2023 462 Views 0 comment Print

ITAT Ahmedabad sustained the addition on account of trading in penny stock of shell company as assessee failed to attain personal hearing inspite of various occasion.

Additions based on evidence not confronted to assessee are invalid

June 27, 2023 555 Views 0 comment Print

A detailed review of ITAT Delhi’s decision in the Dr. Shyam Sunder Doda Vs ACIT case, underscoring the importance of confronting evidence to the assessee before making any tax additions.

Mere acceptance of disallowance not imply furnishing of inaccurate income particulars

June 27, 2023 312 Views 0 comment Print

Comprehensive analysis of the ITAT Delhi’s decision in Gulab Impex Enterprises Pvt. Ltd. Vs ACIT, affirming that mere acceptance of disallowance does not necessarily constitute furnishing inaccurate particulars of income.

Ambiguity of charge sufficient to vitiate Section 271(1)(c) Penalty proceedings

June 27, 2023 636 Views 0 comment Print

A deep dive into ITAT Mumbai’s ruling in I.G. International Pvt Ltd Vs ACIT, underscoring the importance of unambiguous notices under section 271(1)(c) of the Income Tax Act, 1961.

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