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Trust registration rejection: ITAT orders Reconsideration & fair hearing

June 21, 2023 2022 Views 0 comment Print

Delve into the case of Society of Educational Assistance and Training Vs CIT (Exemptions), where ITAT Amritsar mandates reconsideration of a charitable trust registration rejection due to a lack of fair hearing opportunity.

Penalty u/s 271(1)(c) untenable as making of claim doesn’t amount to furnishing of inaccurate particulars

June 21, 2023 1656 Views 0 comment Print

ITAT Mumbai held that penalty u/s 271(1)(c) not leviable as mere making of a claim which is not sustainable in law by itself will not amount to furnishing of inaccurate particulars of income.

Revision u/s 263 unsustainable as plausible approach adopted by AO cannot be labeled as erroneous

June 21, 2023 618 Views 0 comment Print

ITAT Delhi held that plausible approach adopted by AO cannot be labeled as erroneous. Hence, revisionary order under section 263 of the Income Tax Act is unsustainable in law.

Tax Residency Certificate is only evidence required to be eligible for benefit under DTAA

June 21, 2023 2079 Views 0 comment Print

ITAT Delhi held that Tax Residency Certificate (TRC) is statutorily the only evidence required to be eligible for the benefit under the DTAA. Accordingly, benefit of India-Mauritius DTAA duly available.

ITAT Deletes Addition for cash deposits as assessee duly explained source

June 21, 2023 1281 Views 0 comment Print

ITAT noted that the explanations provided by the assessee concerning the withdrawals, deposits, and utilization of cash over time were satisfactory. The Tribunal acknowledged the Indian socio-economic constructs where holding cash, especially in rural society, is common.

Mere DMAT Account Transactions or Stock Exchange Share Sales not adequate evidence (Section 68)

June 21, 2023 207 Views 0 comment Print

Delhi ITAT asserts that mere transactions through a DMAT account or selling shares on stock exchange don’t necessarily rebut Section 68 of Income Tax Act. Understand the full implications of this ruling with our comprehensive analysis.

AO directed to examine leasehold or complete right over property vis-à-vis applicability of section 50C

June 21, 2023 1725 Views 0 comment Print

ITAT Mumbai has directed AO to obtain the complete information and examine whether assessee has only leasehold right or complete rights over the property so that provisions of section 50C of the Income Tax Act are attracted.

Late Filing of ROI Doesn’t Invalidate Deduction u/s 80P Claims

June 21, 2023 1044 Views 0 comment Print

ITAT Kolkata ruled in Kishorepur Paschimanchal SKUS Limited Vs ITO that delay in filing ROI does not deny a taxpayers deduction claims under Section 80P of IT Act 1961

NCLT’s moratorium under IBC overrides Tribunal: ITAT Delhi

June 21, 2023 873 Views 0 comment Print

ITAT Delhi’s ruling in UM Green Lighting P. Ltd vs DCIT emphasizes the supremacy of NCLT’s moratorium under IBC over tribunal proceedings, halting the Revenue’s case during the moratorium period, and underscoring the IBC’s overriding effect.

Amalgamation disputes under Section 269SS: ITAT deletes Penalty u/s 271D

June 21, 2023 603 Views 0 comment Print

Landmark case of DCIT Vs Trans Asia Packaging Ltd, where ITAT Delhi provided clarity on transactions post amalgamation under Section 269SS of Income Tax Act

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