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ITAT Amritsar Overturns Ex Parte Addition u/s 68 During COVID-19 Pandemic

June 16, 2023 630 Views 0 comment Print

ITAT Amritsar in Abdul Hamid Khan Vs ITO, deleted an ex parte addition made during the COVID-19 pandemic under Section 68 of Income Tax Act

Section 69A not Applicable if Assessee Provides Plausible Explanation for Jewellery Source

June 16, 2023 2121 Views 0 comment Print

ITAT Pune’s verdict in the case of Jayashri Shrikant Deshmukh Vs ACIT, underlining the importance of plausible explanation in cases involving Section 69A of the IT Act.

AO obliged to refer matter to valuation officer when appellant objects to adoption of stamp duty value as full value of consideration

June 15, 2023 618 Views 0 comment Print

ITAT Mumbai held that when appellant objects to the adoption of stamp duty value in terms of section 50C(1) of the Income Tax Act as full value of consideration, AO is under obligation to refer the matter to the valuation officer under section 50C(2) of the Income Tax Act.

Anonymous donations and explanation thereof needs re-verification for claiming exemption u/s 10(23C)(iiiad)

June 15, 2023 405 Views 0 comment Print

ITAT Kolkata remanded the matter back to AO for the purpose of verification of documents and materials placed on record in respect of anonymous donations as well as the explanation for receipt of hall rent and accommodation so as to allow the claim of exemption u/s. 10(23C)(iiiad) of the Act.

Employees’s share in relevant funds should be deposited before due date for claiming deduction u/s 36(1)(va)

June 15, 2023 519 Views 0 comment Print

ITAT Delhi held that the deduction u/s 36(1)(va) of the Income Tax Act can be allowed only if the employees’ share in the relevant funds is deposited by the employer before the due date stipulated in respective Acts.

Imposition of penalty u/s 271FA prior to 01.04.2015 for non-furnishing of AIR by co-operative bank unsustainable

June 15, 2023 231 Views 0 comment Print

ITAT Bangalore held that co-operative bank is liable to furnish AIR only after 01.04.2016 in view of amendment under Rule 114E of Income Tax Rules, 1962. Accordingly, imposition of penalty u/s 271FA prior to 01.04.2016 is unsustainable.

Reassessment proceedings u/s 148 stood abated by virtue of search action u/s 132(1)

June 15, 2023 1386 Views 0 comment Print

ITAT Indore held that reassessment proceedings initiated u/s 148 stood abated by virtue of search and seizure action u/s 132(1). Hence, reassessment order passed thereon u/s 147 is illegal.

Addition unsustained as difference between reported gross receipts and Form 26AS duly explained

June 15, 2023 1326 Views 0 comment Print

ITAT Kolkata held that addition towards difference between figure of gross receipts reported and figure reported in Form 26AS is unsustainable as the difference is merely because figure reported in Form 26AS was inclusive of service tax component.

Levy of fee u/s 234E prior to 1st June 2015 is unsustainable

June 15, 2023 519 Views 0 comment Print

ITAT Pune held that clause (c) of section 200A(1) was inserted by the Finance Act, 2015 w.e.f. 01-06-2015 providing for the levy of fee u/s.234E of the Act. Accordingly, levy of fee u/s. 234E is imposable only from 01/06/2015 and not prior to that.

Reassessment proceedings within limitation period specified under 149(1) is valid

June 15, 2023 702 Views 0 comment Print

ITAT Mumbai held that reassessment proceedings u/s 148 within limitation period specified under section 149(1) of the Income Tax Act is valid and sustainable in law.

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