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ITAT allows Weighted Deduction u/s 35(2AB) to Americhem Polymers

June 11, 2023 909 Views 0 comment Print

Explore ITAT Pune’s decision in Americhem Polymers vs ACIT. Key issue: Weighted deduction u/s 35(2AB) disallowance for non-submission of DSIR report.

Rectification in Revised Return Allowed Despite Late Filing of Original Return

June 11, 2023 2889 Views 0 comment Print

In the case of Navneet Dutta Vs ACIT, ITAT Delhi allowed rectification in the revised return, even though the original return was filed late. ITAT remitted the issue to the Assessing Officer to consider the revised return and make an order in accordance with the law.

Ex-parte Cash Deposit Addition under Section 69A Set Aside, Readjudication directed

June 11, 2023 2880 Views 0 comment Print

In the case of Srimathi Pichara Vs ITO, ITAT Hyderabad set aside ex-parte addition of cash deposits made during demonetization period under Section 69A of Income Tax Act. ITAT directed Assessing Officer to readjudicate the matter after providing an opportunity to assessee to produce relevant documents for fact verification

Penalty under Section 271(1)(c) Invalidated if Matter Restored for Rectification Order

June 11, 2023 1146 Views 0 comment Print

ITAT Delhi held that if a matter is restored to AO for passing a rectification order, the penalty imposed under Section 271(1)(c) of Income Tax Act does not survive. The appeal was filed by the assessee against the penalty order.

Non-resident individuals not required to disclose assets held outside India in ITR

June 11, 2023 2766 Views 0 comment Print

In the case of Amrita Jhaveri Vs DCIT, ITAT Mumbai ruled that non-resident individuals are not required to disclose assets held outside India in their Indian income tax returns. The ITAT quashed the re-assessment order based on vague and general reasons, stating that income chargeable to tax had escaped assessment.

Section 153C Addition not Sustainable without Incriminating Material: ITAT Delhi

June 11, 2023 630 Views 0 comment Print

ITAT Delhi has ruled that additions made under Section 153C of Income Tax Act cannot be sustained without any incriminating material found during a search and seizure operation.

Delay in Filing of Income Tax Form 67 Not Result in Denial of Section 90 Relief

June 11, 2023 972 Views 0 comment Print

ITAT Kolkata has ruled that the delay in filing Form 67 should not lead to the denial of relief under Section 90 of the Income Tax Act. The case involves Sobhan Lal Gangopadhyay’s appeal against the order of the National Faceless Appeal Centre (CIT(A)), concerning the claim of tax relief paid in the Republic of Korea. This judgment follows a similar decision in the Sonakshi Sinha case.

ITAT deletes notional LTCG addition for Jewellery short found during search

June 11, 2023 576 Views 0 comment Print

A comprehensive analysis of the ITAT Delhi’s recent ruling in the case of Ballabh Prasad Aggarwal Vs ACIT, involving income tax addition on supposed long-term capital gains from jewellery sale.

Unsustainable Addition: Foreign Exchange Loss – Deduction Previously Allowed

June 11, 2023 672 Views 0 comment Print

ITAT Mumbai held that addition made on account of foreign exchange loss unsustainable as the same is duly allowed as deduction by the Tribunal in past

Revisionary power u/s 263 unjustified as due enquiry carried out by AO

June 11, 2023 669 Views 0 comment Print

ITAT Chandigarh held that invocation of revisionary powers under section 263 post due enquiry carried out by AO and assessment order passed with due application of mind is unjustified and untenable in law

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