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Order of AO can be challenged before CIT(A), Not ITAT – Appeal Dismissed

June 20, 2023 1026 Views 0 comment Print

Read about dismissal of an appeal by ITAT Mumbai in case of BLPL Singapore Pvt Ltd Vs DCIT. Sssessee’s appeal against penalty order under Section 270A for non-disclosure of interest income was dismissed.

Depreciation on asset allowable if acquisition is not claimed as application of income

June 20, 2023 1527 Views 0 comment Print

ITAT Kolkata held that depreciation is allowable on asset of the assessee if acquisition is claimed as application of income. Notably, after change in law in section 11(6), assessee has not claimed acquisition of property towards application of income while computing the total taxable income.

Remuneration to Full-Time Trustee not violates Section 13 – Rejection of Section 12AB Registration Unsustainable

June 20, 2023 936 Views 0 comment Print

ITAT Amritsar held that rejection of application for registration u/s 12AB of the Income Tax Act unsustainable as there is no violation of section 13(1)(c) by paying remuneration to the full-time working trustee.

Invalidity of Late Filing Fees before 01.06.2015 (Section 234E)

June 20, 2023 165 Views 0 comment Print

ITAT Delhi’s landmark judgement, which annulled late filing fee under Section 234E of the IT Act on grounds of limitation.

ITAT Deletes Penalties for Improper Procedure in Income Tax Notice Issuance

June 20, 2023 684 Views 0 comment Print

ITAT Amritsar’s ruling in Antony Madassery Vs DCIT case, discussing improper procedure in issuing income tax notices and deletion of penalties under sections 271(1)(b) and 272A(1)(b).

Contract money and compensation on delayed payment is business income

June 19, 2023 1503 Views 0 comment Print

In ITO vs. Late Shri Chandi Ram, ITAT Jaipur upheld CIT(A)’s decision, recognizing arbitration and interest receipts from contracts executed in AY 1989-90 & 1990-91 as business income, taxable in AY 2012-13. Based on the jurisdictional High Court’s ruling, a net profit rate of 8.5% was applied, aligning with Supreme Court’s precedent on interest from delayed contract payments.

Order passed without considering documents and examining residential status needs to be restore back

June 19, 2023 858 Views 0 comment Print

ITAT Mumbai held that order passed without considering the documents and without examining the correct residential status of the assessee is liable to be restore back for de novo adjudication.

Addition u/s 68 towards unexplained sales unsustainable as not proved as bogus

June 19, 2023 4647 Views 0 comment Print

ITAT Delhi held that sales cannot be added under section 68 of the Income Tax Act unless they are proved as bogus on the basis of some reliable evidences.

Revision order passed without adequate opportunity to file relevant material is unsustainable

June 19, 2023 507 Views 0 comment Print

ITAT Surat held that revisionary order passed by PCIT under section 263 of the Income Tax Act without providing adequate opportunity to the assessee to file relevant material evidences and documents before him is liable to be remanded back for fresh consideration of the matter.

Disallowance u/s 14A restricted to the extent of exempt income

June 19, 2023 2883 Views 0 comment Print

ITAT Mumbai held that disallowance under section 14A of the Income Tax Act cannot exceed the amount of exempt income. Hence, AO directed to restrict the disallowance to the extent of exempt income earned.

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