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Expenses cannot be treated as bogus merely for accounting subsequent to date of search

June 12, 2023 651 Views 0 comment Print

ITAT Mumbai held that expenses booked upto the date of survey cannot be treated as bogus only for the reason that the expenses were accounted in the books of account subsequent to the date of search.

Stamp duty value on date of allotment is to be taken as per first proviso to section 56(2)(vii)(b)

June 12, 2023 2163 Views 0 comment Print

ITAT Mumbai held that as per first proviso to section 56(2)(vii)(b), where date of agreement fixing amount of consideration for transfer of property and ate of registration is not same, the stamp duty value on the date of allotment is to be taken.

Benefit of deduction u/s 80IA available towards interest income earned on fixed deposit

June 12, 2023 1239 Views 0 comment Print

ITAT Delhi held that benefit of deduction under section 80IA of the Income Tax Act eligible for interest income earned on fixed deposit.

Disallowance of genuine depreciation claim on very flimsy reason is unjustified

June 12, 2023 612 Views 0 comment Print

ITAT Delhi held that disallowance of genuine claim of depreciation merely because the depreciation figure is not reflected in column no. 45 of ITR is unsustainable in law. Action of lower authorities of disallowing the genuine claim of depreciation on a very flimsy reason is unjustified.

Income already declared under one head cannot be taxed under other head simultaneously

June 12, 2023 2778 Views 0 comment Print

ITAT held that income of the assessee which is already taxed in one head cannot be taxed under any other head by the Revenue Department.

Educational Institution Eligible for Section 10(23C)(iiiab) Exemption

June 12, 2023 4062 Views 0 comment Print

The appeal involves eligibility of an educational institution for exemption under section 10(23C)(iiiab) of Income Tax Act. It is observed that educational institution in question is substantially financed and meets criteria for exemption under section 10(23C)(iiiab) of Income Tax Act.

Section 68: AO Not Obligated for Further Inquiries till Assessees Fulfill Initial Onus

June 12, 2023 540 Views 0 comment Print

Assessees must thoroughly discharge initial onus under section 68. Until assessee does so, AO is under no obligation to conduct further inquiries.

Scrutiny assessment bad in law if Section 143(2) notice was Time-Barred

June 12, 2023 1713 Views 0 comment Print

ITAT Kolkata nullified addition due to late issuance of Notice under Section 143(2) of Income Tax Act. ITAT concluded that Notice was sent beyond specified deadline, making assessment void ab initio.

Section 80P(2)(a)(i) deduction on Interest Income on Investments out of Reserve Fund

June 12, 2023 1185 Views 0 comment Print

ITAT Ahmedabad’s decision in case of ONGC Employees Co-op Credit & Thrift Society Limited Vs ITO, provides insight into exemption of interest income under Section 80P(2)(a)(i) of Income Tax Act.

Net Profit Margin Meeting Arm’s Length Price: Separate Addition not Sustainable

June 12, 2023 387 Views 0 comment Print

ITAT Bangalore held that if the net profit margin meets the Arm’s length price, then no separate addition needs to be made. Accordingly, TPO directed to delete the adjustment made towards Advertising Marketing Price (AMP) expenses.

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