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Depreciation u/s 32 allowable only when asset is put to use for business purpose

June 5, 2023 7023 Views 0 comment Print

ITAT Bangalore held that depreciation under section 32 of the Income Tax Act is allowable only when the asset is put to use for the business purpose. Notably, the onus is on the assessee to prove that the assets are put to use for the business purposes only.

Profit eligible to deduction u/s 80IA(4)(ii) reducible due to revenue sharing

June 5, 2023 777 Views 0 comment Print

ITAT Ahmedabad held that as the revenue from selling of bandwidth business of the assessee is shared between the assessee and its parent company, profits eligible to deduction under section 80IA(4)(ii) of the Income Tax Act is reducible.

Addition towards SBN deposits sustained as source not established

June 5, 2023 1947 Views 0 comment Print

ITAT Cuttack held that addition towards the unexplained investment for SBN deposits during demonetization period sustained in absence to establish source of the same without documentary evidences.

Capital contribution by partner cannot be added in hands of partnership firm

June 5, 2023 3339 Views 0 comment Print

ITAT Rajkot held that the capital contribution made by the partner of the firm cannot be subject to the addition in the hands of the partnership firm.

Invocation of deeming provisions of section 50C without referring to Departmental Valuation Officer is unjustified

June 5, 2023 1011 Views 0 comment Print

ITAT Kolkata held that invoking deeming provisions under section 50C and adopting value of property as per Stamp Valuation authority without referring the matter to Departmental Valuation Officer unsustainable. Accordingly, matter restored to jurisdictional Assessing Officer.

ITAT allows Depreciation on crates and bottles

June 5, 2023 2391 Views 0 comment Print

ITAT Delhi held that it is settled principle of law that crates and bottles have been allowed depreciation. Accordingly, the claim of depreciation is allowable.

Conditions in rule 37BA should be read in provision of section 199(1) where no double credit is claimed

June 5, 2023 47958 Views 0 comment Print

ITAT Chennai held that strict conditions provided in Rule 37BA should be read in the provisions of Section 199(1) to make it workable in genuine cases where department is sure no double credit is allowed or claimed.

Section 56(2)(viib) not applicable to transaction between holding & wholly owned subsidiary

June 4, 2023 4104 Views 0 comment Print

Explore the ITAT Delhi verdict on BLP Vayu’s share premium issue. Assessment under Section 263 challenged. Learn about the intricacies of Section 56(2)(viib) and its applicability.

Compulsory convertible debentures not equity – Interest allowable

June 4, 2023 4956 Views 0 comment Print

Till date of conversion, interest paid on CCDs cannot be treated as interest on equity & interest is allowable as expenditure u/s. 36(1)(iii)

ITAT Allows Bad Debts Adjustment Against Provisions

June 3, 2023 2055 Views 0 comment Print

Bad debts Adjustment against previously created provisions constitutes actual writing off of bad debts in books of accounts & Allowable

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