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All ITAT

Unexplained investment addition in one co-owner unsustainable if no addition in other co-owners

May 24, 2023 1995 Views 0 comment Print

ITAT Surat held that addition as unexplained investment in the hands of one of the co-owner unsustainable as department didn’t made proportionate addition in the hands of other co-owners.

Disallowance u/s 40(a)(ia) unsustainable as payment to non-resident not taxable in India

May 24, 2023 1761 Views 0 comment Print

ITAT Delhi held that as payments made to the non-resident service providers not chargeable to tax in India, thus disallowance u/s 40(a)(ia) of the Income Tax Act on account of non-deduction of TDS is unsustainable.

Assessment order passed on a non-existent company is null and void

May 24, 2023 888 Views 0 comment Print

ITAT Ahmedabad held that draft assessment order u/s 143(3) read with section 144C of the Income Tax Act passed on a non-existent company is null and void.

Expenditure relating to import of rubber process oil incurred for carrying on business is deductible u/s 37(1)

May 24, 2023 438 Views 0 comment Print

ITAT Delhi held that expenses in relation to import of rubber process oil, loss on price fluctuation, freight and retention charges are incurred in the course of carrying on business and hence allowable as deduction u/s 37(1) of the Income Tax Act.

Non-compliance due to receipt of notice in SPAM folder is sufficient cause for condonation of delay

May 24, 2023 1791 Views 0 comment Print

ITAT Jaipur held that non-compliance due to receipt of notice in SPAM folder is sufficient cause shown for the delay. Accordingly, delay of 223 days in filing of an appeal condoned.

Secretion 32 – No condition of put to use once asset falls within a particular block

May 24, 2023 663 Views 0 comment Print

ITAT Delhi held that as per definition of block of assets u/s. 43(6)(c) of the Income Tax Act there is no condition that the plant and machinery must have been put to use.

Amount paid wholly and exclusively for business purpose is allowable expenditure

May 23, 2023 4377 Views 0 comment Print

ITAT Delhi held that the amount paid by the appellant company to ABOs is payments which is directly related to the business activity and incurred wholly and exclusively for the purpose of business. Accordingly, the same is allowable as business expenditure.

Addition unjustified in absence of concrete material demonstrating understated scrap sales

May 23, 2023 882 Views 0 comment Print

ITAT Delhi held that addition on the basis of estimation of scrap sales unjustified as AO has not brought on record any concrete material to demonstrate that the sale of Scrap recorded by the assessee is understated.

Addition u/s 68 unsustainable as repayment of loan is made in assessment year itself

May 23, 2023 4629 Views 0 comment Print

Ganesh Ganpat Alim Vs ITO (ITAT Surat) ITAT Surat held that addition under section 68 of the Income Tax Act should not be made when repayment of loan is made in the assessment year itself. Facts- During the assessment proceedings, AO got information from investigation wing that M/s Delight Diam P Ltd. and M/s Bafna […]

Provisions of section 68 not attracted as investment by investor companies explained

May 23, 2023 1905 Views 0 comment Print

ITAT Delhi held that provisions of section 68 of the Income Tax Act are not attracted as the investment by the investor companies is duly explained. Further, identity, genuineness of transactions and creditworthiness of investor companies duly proved.

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