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All ITAT

TDS Credit eligible in Assessment Year Corresponding to Income Assessment

June 14, 2023 1338 Views 0 comment Print

ITAT Chennai held that as per the provisions of Sec.199(3) of the Act r.w.r.37BA(1) of the Income Tax Rules, 1962, credit for TDS shall be given for assessment year for which such income is assessable.

Penalty u/s 271AAB not imposable in absence of conduct of search

June 14, 2023 750 Views 0 comment Print

ITAT Kolkata held that in case where search has not been conducted upon the assessee, then penalty under section 271AAB of the Income Tax Act cannot be imposed.

Taxability of Rent for Alternative Accommodation and Hardship Allowance

June 14, 2023 5181 Views 0 comment Print

Detailed analysis of recent ITAT Mumbai case, Narayan Devarajan Iyengar Vs ITO, where question of taxability of rent for alternative accommodation and hardship allowance was deliberated.

Amount transferred to reverse fund is to be included for computation of income of NBFC

June 14, 2023 1380 Views 0 comment Print

ITAT Kolkata held that amount meant to be transferred to reserve fund, as per section 45-IC of the RBI Act, very well falls in the definition of income of the assessee and accordingly, such amount is to be included for the purpose of computation of income under the Income Tax Act.

Transfer Pricing: Assessee can resile from Most Appropriate method selected earlier

June 14, 2023 708 Views 0 comment Print

On appeal, the Tribunal concluded that the assessee could deviate from the earlier selected Most Appropriate Method if the new method was more in line with the applicable provisions.

Section 270A penalty Not Sustainable: Lack of Application of Mind & Violation of Principles of natural justice

June 14, 2023 2418 Views 0 comment Print

ITAT directs re-adjudication of penalty imposed under section 270A of the IT Act for misreporting of income without the application of mind.

Addition of deemed dividend in the hands of non-shareholders is unsustainable

June 14, 2023 891 Views 0 comment Print

ITAT Ahmedabad held that addition on account of deemed dividend as per section 2(22)(e) of the Act unsustainable in the hands of non-shareholders.

Addition towards bogus purchases unsustainable if bogus purchases shows higher gross profit than regular

June 14, 2023 1404 Views 0 comment Print

ITAT Mumbai held that addition towards bogus purchases unsustainable if the alleged bogus purchases show gross profit higher than the regular gross profit.

Deduction u/s 54B allowable even if nature of land converted to non-agriculture just before transfer

June 14, 2023 1956 Views 0 comment Print

ITAT Surat held that deduction under section 54B duly allowable in case the nature of land was converted from agriculture to non-agriculture purpose just before transfer of land.

Joint ownership cannot stand in way of claiming exemption u/s 54F

June 14, 2023 3111 Views 0 comment Print

ITAT Mumbai held that that the joint ownership of the property would not stand in the way of claiming exemption under Section 54F of the Income Tax Act.

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