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ITAT Delhi dismisses Claim for delayed deposit of Employees’ Contribution to PF & ESI

June 14, 2023 543 Views 0 comment Print

ITAT Delhi dismisses Drishti Apparels’ appeal against disallowance of PF and ESI deduction due to delayed deposit, aligning with Supreme Court decision.

ITAT Delhi Allows Deduction u/s 35(2AB) Ignoring Absence of Form 3CL

June 14, 2023 648 Views 0 comment Print

ITAT held that the genuineness of the expenditure was not in doubt, and the first appellate authority erred in ignoring Form 3CL issued by the competent authority. The disallowance of Rs.29,05,724/- was deemed unsustainable and deleted.

ITAT Bangalore Quashes Assessment Order Due to Invalid Notice under Section 143(2)

June 14, 2023 465 Views 0 comment Print

ITAT Bangalore has quashed assessment order in case of Rajiv Gandhi University of Health Sciences against ACIT. Grounds for invalidation were non-service of a mandatory notice under section 143(2) of Income-tax Act.

Condonation of delay in filing of appeal granted in absence of malafide or deliberate intention

June 13, 2023 16329 Views 0 comment Print

ITAT Mumbai held that as there was no malafide or deliberate in action on the part of the assessee in filing the appeal with delay of 387 days before the Ld. CIT(A). Accordingly, it was directed to CIT(A) to condone the delay.

Section 44BB has no application in absence of Permanent Establishment

June 13, 2023 879 Views 0 comment Print

ITAT Delhi held that in absence of a Permanent Establishment, provisions of section 44BB of the Income Tax Act has no application.

Exemption u/s 54B is available to HUF with effect from 1st April 2013

June 13, 2023 1167 Views 0 comment Print

ITAT Delhi held that post amendment by Finance Act, 2012 which is effective from 1st April 2013, the exemption u/s 54B of the Income Tax Act is also available to HUF.

Section 153C: ITAT Delhi dismisses Revenue’s Appeal due to Lack of Jurisdiction

June 13, 2023 609 Views 1 comment Print

The ITAT Delhi has dismissed the Revenue’s appeal in the case of ACIT vs. Cogent Realtors Pvt. Ltd. The appeal was dismissed based on the lack of jurisdiction under Section 153C of the Income Tax Act due to the absence of incriminating material. The disallowance made by the Assessing Officer was also found to be unsustainable.

ITAT Pune Upholds Section 271B Penalty for Failure to File Audit Report

June 13, 2023 384 Views 0 comment Print

ITAT Pune upholds penalty under Section 271B against Santosh Swarupchand for not filing an audit report, citing contradictions in an accountant’s affidavit.

ITAT Restores Matters for Fresh Decision by CIT(A) to grant Assessee fair opportunity

June 13, 2023 570 Views 0 comment Print

In a recent case, the ITAT found that the assessee did not receive a fair opportunity to represent its case before the first appellate authority due to circumstances beyond its control. As a result, the ITAT set aside the first appellate authority’s orders and restored the matters for a fresh decision.

Government Grants for specific purpose cannot be treated as Income of Assessee

June 13, 2023 1638 Views 0 comment Print

In a recent case (Howrah Improvement Trust vs. DCIT) heard by ITAT Kolkata, the addition of government grants as corpus or income was deleted.

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