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Assessment order based on invalid notice u/s 148 is unsustainable

June 7, 2023 3981 Views 0 comment Print

ITAT Delhi held that assessment order based on notice issued under section 148 not by the jurisdictional AO is unsustainable and liable to be quashed.

Section 43A specifies that additional amount paid due to fluctuation is capital expenditure

June 6, 2023 5124 Views 0 comment Print

ITAT Chennai Held that the provisions of section 43A of the Act specifically provides that the amount of increase or decrease in the liability due to fluctuation in exchange rate should be adjusted against the actual cost of the capital expenditure or the cost of acquisition of capital asset.

Denial of exemption u/s 11 justified as audit report in Form 10B filed beyond specified date

June 6, 2023 3411 Views 0 comment Print

ITAT Raipur held that exemption under section 11 of the Income Tax Act duly denied to trust as audit report in Form 10B e-filed/ uploaded beyond the date specified u/s 139 of the Income Tax Act.

Gift to persons who work for company is allowable as business expenditure

June 6, 2023 3411 Views 0 comment Print

ITAT Delhi held that expenditure towards gift to persons who work for the assessee company during Diwali occasion is held for the purpose of business as per the principle of commercial expediency and accordingly allowable as business expenditure.

Addition towards disallowance u/s 14A to book profit computed u/s 115JB is unsustainable

June 6, 2023 207 Views 0 comment Print

ITAT Chennai held that additions made towards disallowance u/s. 14A r.w.r. 8D of the I.T. Rules, 1962 to book profit computed u/s. 115JB(2) of the Income Tax Act is unsustainable.

Sale of sugar to members at concessional rate vis-à-vis appropriation of profit needs reconsideration

June 6, 2023 1113 Views 0 comment Print

ITAT Pune held that difference between average price of sugar sold in the market and that sold to members at concessional rate is appropriation of profit or not needs re-consideration. Accordingly, matter restored.

Deduction u/s 10AA duly available to interest income earned from FD

June 6, 2023 4797 Views 0 comment Print

ITAT Mumbai held that interest income earned by the assessee on account of surplus funds placed in FD is eligible for deduction under section 10AA of the Income Tax Act.

No Section 271(1)(c) penalty leviable when income assessed shown in return

June 6, 2023 2565 Views 0 comment Print

ITAT, held that if assessee voluntarily declares income during a survey and later includes it in their regular income tax return, no penalty under Section 271(1)(c) can be imposed.

Depreciation allowed on payment of non-compete fee for business purpose

June 5, 2023 1929 Views 0 comment Print

ITAT Chennai held that depreciation towards payment as non-compete fee for purpose of business of assessee is duly allowable.

Disallowance u/s 14A untenable on mechanical application of rule 8D

June 5, 2023 1221 Views 0 comment Print

ITAT Mumbai held that disallowance u/s 14A untenable as AO has mechanically applied rule 8D without having recorded his satisfaction or examining the nature of investments whether they have yielded any exempt income or not.

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