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Increase in business income due to addition of concealed production not eligible for deduction u/s 80IB

June 14, 2023 606 Views 0 comment Print

ITAT Mumbai held that deduction u/s 80IB of the Income Tax Act, in respect of increased business income due to addition on account of concealed production, is not allowable.

Interest received on FDR with another cooperative society is deductible u/s 80P(2)(d)

June 14, 2023 630 Views 0 comment Print

ITAT Amritsar held that interest on FDR’s received by co-operative society by investing in another co-operative society is eligible for deduction under section 80P(2)(d) of the Income Tax Act.

Receipt of fabrication charges from Associate Enterprise outside the purview of FTS

June 14, 2023 426 Views 0 comment Print

ITAT Mumbai held that fabrication charges received from Associate Enterprise doesn’t fall under the purview of fees for technical services (FTS) and accordingly not taxable in India.

Allotment letters should be considered as ‘agreement to sell’ for section 56(2)(x)

June 14, 2023 5673 Views 0 comment Print

ITAT Mumbai held that allotment letters issued for purchase of flat should be considered as ‘Agreement to sell’ for the purpose of section 56(2)(x) of the Income Tax Act.

Section 69 addition unjustified on Late Demonetisation Cash Deposit

June 14, 2023 504 Views 0 comment Print

The Income Tax Appellate Tribunal, Delhi, in the case of Raj Kumar Vs ACIT, held that a S. 69 addition is not sustainable based on a mere delay in deposit during the demonetisation period.

Penalty u/s 271B not leviable on local authority as it cannot be considered to be engaged in business

June 14, 2023 294 Views 0 comment Print

ITAT Delhi held that penalty under section 271B of the Income Tax Act not leviable as assessee is a local authority and it cannot be considered to be one engaged in ‘business’ or to be earning profit.

Deduction u/s 80P eligible towards grants from West Bengal State Government to cooperative societies

June 14, 2023 387 Views 0 comment Print

ITAT Kolkata held that grants from the West Bengal State Government to cooperative societies are not income from other sources and eligible for deduction under section 80P of the Income Tax Act, 1961.

Income not taxable in India merely because overseas employer paid salary into NRE account in India

June 14, 2023 2295 Views 0 comment Print

ITAT Ahmedabad held that income is not taxable in India merely because the overseas employer paid salary into NRE account of the assessee in India.

Penalty u/s 271(1)(c) unsustainable in absence of recording of satisfaction

June 14, 2023 942 Views 0 comment Print

ITAT Mumbai held that recording of satisfaction for initiating penalty u/s 271(1)(c) of the Act is not in accordance with the provisions of the Act, accordingly, penalty u/s 271(1)(c) not sustained.

ITAT Ahmedabad Deletes Late Filing Fee for TDS Return Due to Human Error

June 14, 2023 765 Views 0 comment Print

ITAT Ahmedabad has allowed the appeal of Kanta Govind Singh against the levy of a late filing fee under section 234E for a TDS return. The appellant, a senior citizen, had promptly deposited the TDS amount but had inadvertently filed the return late due to old age and human error. The ITAT deemed the procedural error as not warranting the imposition of a heavy late filing fee under Section 234E of the Income Tax Act.

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